Our Terms & Conditions
Terms and conditions for toxicGARB.com dated 1st November 2022
At toxicGARB we love to satisfy, so we’ll do our best to make that happen.
We’ve tried to keep our Terms and Conditions as clear as possible, to give you all the information we can (but hopefully not too much) about your transactions so that you completely understand the whole process, from order to delivery and beyond. It’s really important to us that your shopping experience meets expectations, so please do spend a few moments and read on. You will need to accept our T’s & C’s every time you make a purchase. They might change from time to time, so please check the date at the top of the page.
These terms and conditions, and all transactions relating to this website and all non-contractual obligations arising from any transaction carried out on this website are governed by English law and are subject to the non-exclusive jurisdiction of the English courts. Throughout the site, the terms “we”, “us” and “our” refer to toxicGARB. We offer this website, including all information, tools and services available for your use, the user, conditioned upon your acceptance of all of our terms and conditions, policies and notices as stated here. We do not accept amendments to these terms and conditions.
Additional terms and conditions may apply for prize competitions and our added value services and offers. If so, you will be alerted to them at the relevant juncture.
These terms and conditions only cover the toxicGARB website. Any other websites to which you link from this site are governed by their own terms and conditions. We accept no responsibility or liability for the content or operation of websites which are not under our control. We are required by law to tell you that sales can be concluded in English only and that no public filing requirements apply. We acknowledge we have a legal duty to supply goods that are in conformity with a contract.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any of our website services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
This website is operating as toxicGARB and is a trading name of Etail Ventures Group Limited, 89a High Street, Yarm, North Yorkshire, TS15 9BG., registered in England No. 10854807, VAT No. 272344509.
Placing your order and our contract
Firstly, don’t worry if you make any mistakes during your order, you can correct any input errors right up until you confirm payment. Once you’re happy everything is correct and you’ve submitted an order you’ll be given an Order Reference Number and details of the products (and/or services) you have ordered. You’ll then receive an email headed ‘Order Acknowledgement’ recognising receipt of your order. We will then send a further email headed ‘Order Confirmation’. This second email also lets you know how your products will be delivered to you. If we have to cancel all or part of your order for any reason, we will email you to let you know.
If you have placed an order by telephone and you don’t have an email address, we’ll give you the Order Reference Number over the phone and post you a copy of your receipt.
We take all reasonable steps to ensure all details, descriptions and prices of products and services are correct at the time the information was entered onto the system. Sometimes we have to hold our hands up and admit we have made a mistake by unintentionally publishing inaccurate information on the site (e.g. the price, description or availability of a product you have ordered). In this instance we may have to cancel your order at any time, even if you have received your Order Confirmation email, and you will receive a full refund of any charges already paid.
Prices and payments
Just to be clear, all our prices are in UK pounds. The total cost of your order will be the price of the products you order, the delivery charge (if any), plus any additional services you might choose e.g. premium delivery or gifting options. You’ll see all these in your Shopping Basket before you submit an order. Payment is deducted at the moment your order is submitted.
When deciding whether to accept your order we may use certain information about you, including any received from our payment service partner. For example, we may pass on your details for them to check against certain public and private databases. This will help to protect you and us from fraudulent activities.
If we identify a transaction as being potentially fraudulent we may ask our courier to return the goods to our warehouse, we may cancel your order even though you will have received the Order Confirmation email.
You’ll find all the finer details about our delivery (including where we deliver to) in our Delivery Info section
Missing, damaged or incorrect orders
We want you to be absolutely satisfied with your purchase and would recommend that, where practicable, you unpack and check it for damage as soon as it arrives. If you receive a damaged product, please contact us as soon as the damage is discovered via our contact-us form.
We do everything we can to ensure your order arrives at your door complete and in pristine condition. If you have ordered more than one item and you don’t receive them at the same time, you can check whether they have been dispatched separately using our tracking facility detailed in the confirmation email. If it’s not on its way, you can check with one of our team members on 0845 47 444 85. You will be asked a number of questions to prove who you are and please try to have your order number handy.
Returns and after sales policy
If for whatever reason you change your mind and would like to return your order after delivery, we’re happy to refund or exchange your purchase as long as it’s unopened and in its original packaging. This option is available for 21 days after delivery.
Following The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations, we will accept items back even if you have opened the goods to inspect them. You are entitled to a refund as long as you inform us of your decision to cancel within 14 calendar days from the day after delivery of the goods. You can examine the goods as you would in a shop but to obtain a full refund you must not start using them and you must not wear clothing. The goods must be in an ‘as new’ condition and returned in the original, undamaged packaging, along with any accessories and free gifts received with them.
You can easily request a return/refund or replacement via our product service form. This can be done within the 30-day guarantee period.
We, our Group of companies and our suppliers own the copyright, trademarks and all other intellectual property rights in all material and content on this website, which you may use, download, copy, publish, transmit or otherwise make available by any other means only for your own personal, non-commercial use. Any other use or reproduction of the material or content is strictly prohibited.
You may not create any link to this website without our prior written consent, nor may you restrict or inhibit the use or enjoyment of it by anyone else.
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.
Terms and conditions for the purchase of goods and services at toxicGARB
By purchasing or ordering the Goods and/or Services, you agree to be bound by the terms and conditions set out below. Before placing your order, if you have any questions relating to these Conditions please contact us by calling us on 0845 47 444 85.
“Conditions” means these terms and conditions;
“Goods” means any goods you purchase under these Conditions;
“Non-subscription Services” mean any Services other than Subscription Services;
“Personal Information” means the details provided by you to us;
“Services” means any services you order or otherwise purchase under these Conditions;
“Subscription Services” means Services to which you subscribe on an ongoing basis, for example technical support Services;
“Us/our/we” means Etail Ventures Group Limited, a company registered in England and Wales under the number 10854807 with registered office at 89a High Street, Yarm, North Yorkshire, TS15 9BG;
“Website” means either one of the websites located at www.toxicGARB.co.uk or any other URL which may replace it; and
“You/Your” means the person ordering or otherwise purchasing the Goods or Services.
1. Rights and Obligations
1.1. You undertake:
1.1.1. to pay any amounts due to us in a timely manner;
1.1.2. that the Personal Information you provide is true, accurate, current and complete in all respects;
1.1.3. to notify us immediately of any changes to the Personal Information using the contact details in Clause 5.4; and
1.1.4. not to impersonate any other person or entity or to use a false name.
1.2. We reserve the right to modify the price or the content or withdraw, temporarily or permanently, some or all of the Goods or Services available. We also reserve the right to change or add to these Conditions from time to time.
1.3. Unless you have placed an order for any Goods or Services, or you subscribe to any Subscription Services, by the time such a change takes effect, we shall not be obliged to give you notice of any such modification or withdrawal.
1.4. From time to time we may also have to make changes in the specification of any Good or Service:
1.4.1. to make it conform with any applicable safety or other statutory requirements; or
1.4.2. to make it reflect changes in the manufacturer’s specification, but we will endeavor to ensure that such changes do not reduce the quality or performance of such a Good and/or Service. Where you have placed an order for the affected Good and/or Service and such changes are substantial, we will notify you in advance to ensure that you still wish to proceed with any order that you have placed.
1.5. Goods and Non-subscription Services:
1.5.1. You will be subject to the policies and Conditions in force at the time you order or otherwise purchase the Goods or Non-subscription Services, unless we are legally obliged to make changes to these Conditions that apply retrospectively. If this happens, these changes will apply to any orders we have not yet fulfilled when the changes took effect, even if your order was placed previously.
1.5.2. We shall not withdraw or modify to your substantial detriment any of the Goods or Non-subscription Services for which we have accepted an order from you, other than where such modification or withdrawal is required as a result of events outside of our reasonable control. We will take reasonable care to ensure all details, descriptions and prices of products and services are correct at the time the information was entered onto our system.
1.5.3. We are under a legal duty to supply Goods that are in conformity with these Conditions.
1.6. Subscription Services only:
1.6.1. If you subscribe to Subscription Services, we will give you prior notice of any withdrawal of or changes to the Subscription Services or these Conditions.(i) where these changes are to your substantial detriment (which shall include but not be limited to an increase in the price of your Subscription Services of more than 10%), you can choose to cancel any unused portion of the Subscription Services without penalty before any such changes take effect. Your continued subscription to the Subscription Services following such change taking effect shall be deemed to be your acceptance of such change. (ii) Your right to cancel under Clause 1.6.1 (i) above does not apply where:(a) any price increase in relation to the Subscription Services does not exceed the Retail Price Index figure, the Consumer Price Index figure or similar in any twelve month period; or (b) the increase is as a result of any increase in VAT or other taxes or the introduction of a similar or new tax on the Subscription Service.
1.7. Estimated time frames for delivery of Goods or completion of Services are estimates only and delays may arise due to matters outside of our reasonable control.
2.1. Goods and Services are available only to individuals who we, in our absolute discretion, consider eligible. The eligibility criteria include, without limitation, those whose applications are acceptable to us and those who are residents in the UK. Services that come with minimum term contracts are only available to individuals who are 18 years old or over and by ordering or otherwise purchasing such Services, you confirm that you are 18 years old or over.
2.2. When requested by us, you must provide your name, phone number, address, payment details and other requested information.
2.3. Each order placed by you will be treated as an offer to purchase the Goods and/or Services to which your order relates. The contract will only be completed when we dispatch the Goods/commence the provision of the Services (as applicable).
The “confirmation” stage of the checkout process sets out the final details of your order. An order will be placed when you press the “place order” button or a similar function. We will then send you an order acknowledgment email detailing the products you have ordered. This is not an order acceptance and will be followed by a second email which confirms your order has been accepted and is on its way – we usually send this on the next working day.
2.4. You acknowledge that any automated acknowledgement given when you place an online order shall not amount to our acceptance of your offer to purchase.
2.5. We may, at our own discretion, limit, restrict or reject any order you place at any time prior to the contract having been completed. Where this happens, we will attempt to contact you. We also reserve the right to limit or prohibit sales to dealers or to entities that we believe, in our sole discretion, are making use of the Goods or Services for profit.
3. Price and Payment
3.1. The price of the Goods or Services (if any) shall be the price of which we inform you prior to accepting your order. Prices include VAT at current rates unless stated otherwise.
3.2. If you fail to make any payment on the due date then, without prejudice to any other right or remedy we may have, we may:
3.2.1. where you subscribe to Subscription Services, suspend the Services until payment is received and, if you continue to fail to make payment, cancel this agreement; and/or
3.2.2. where you have ordered Goods or Non-subscription Services, cancel this agreement; and/or
3.2.3. in any event, charge you interest (before and after any judgment) on the amount unpaid, at the rate of 2% per calendar month, until payment is made in full (a part of the month being treated as a full month for the purpose of calculating interest).
3.3. You confirm that any payment method you use is yours.
3.4. Payment methods are subject to validation checks and authorisation and we will not be liable for any delay or non-delivery caused by failure of such checks or authorisation.
3.5. Once your Goods have been delivered/collected and/or otherwise received by you, all risk of damage to, or loss of, the Goods shall pass to you.
3.6. Irrespective of your receipt of the Goods, the passing of risk or any other provision of these conditions, ownership shall not pass to you until we have payment in full for the Goods.
3.7. Until such time as the ownership passes to you, you shall hold the Goods on our behalf and keep them safe and identified as our property, and we shall be entitled to ask you to return the Goods to us.
4. Cancellation, Returns and Exchanges
4.1. Without prejudice to our rights under Clause 1 above, if either party breaks the terms of these Conditions in any material way, the other party can terminate these Conditions by giving the other party 7 days’ written notice.
4.2. In certain situations, we may be prepared to give you a refund or exchange for Goods if you change your mind. For details on our Returns and Exchange Policy please contact us via our product service form, or call us on 0845 47 444 85.
4.3. Subscription Services only:
4.3.1. Subject to Clauses 4.3.2 and 4.3.3 and without prejudice to Clause 4.1 above or to any other rights we have under the terms of these Conditions, either party can terminate this agreement at any time by giving the other party no less than 30 days’ written notice.
4.3.2. If Subscription Services come with a minimum term contract, without prejudice to our rights in Clauses 1 and 4.1 above, we will not terminate the Subscription Services during such a minimum term.
4.3.3. You can terminate the Subscription Services within such a minimum term but if you do so other than in exercising your rights under Clauses 1.6.1 and 4.1, we may charge you a cancellation fee.
4.4. Goods and/or Services ordered online or over the phone only
4.4.1. Consumers ordering Goods or Services at a distance (such as via telephone or online) have certain cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
4.4.2. You may cancel any order for Services any time within 14 calendar days from the commencement of the contract for such Services. However, you may not cancel once we have started providing any part of such Services to you with your agreement.
4.4.3. You may cancel your order by calling us on 0845 47 444 85. Any cancellation notice must be given before the end of the 14 calendar days period referred to above.
4.4.4. If you cancel an order for Goods, they must be returned to us within 14 days of you informing us of your wish to cancel, complete (with any other items provided with the Goods) and undamaged, with proof of purchase. If you fail to return the Goods in this manner, we may charge you the costs we incur in recovering the Goods from you or the stand alone retail value of any missing or damaged items.
4.4.5. Unless collection of the Goods has been arranged, you must return the Goods by sending them to Returns, ToxicGARB, 20 Morley Carr Drive, Yarm, North Yorkshire, TS15 9FE at your cost. It is your responsibility to ensure that the Goods are received by us and we recommend using Special Delivery where appropriate. Please see online at for further details of our returns policy.
4.4.6. Where we have agreed to collect the Goods from you, you must ensure that they are available for collection at the time arranged.
4.4.7. You shall be under a duty to take reasonable care of the Goods until received or collected by us and it is your responsibility to ensure that the Goods are not damaged whilst in transit using transport arranged by you.
4.4.8. You are entitled to examine any Goods ordered as you would in a shop. However, if you use the Goods, you may lose your right to cancel your purchase. Use would include the wearing of clothing. We reserve the right to charge you for the value of any Goods returned which have been used or damaged whilst in your possession, up to the full cost price of the Goods.
4.4.9. If you cancel your order in accordance with the provisions of this Clause 4.4, subject to the provisions of Clauses 4.4.7 we will refund any sums paid by you in relation to your order (less our costs if we have to recover any Goods from you under Clause 4.4.7) within 14 days of such cancellation, only where the Goods have been returned or evidence of the Goods being returned (in accordance with Clause 4.4.7) is provided to us.
5. Your Personal Information
6. Terms applicable only to Promotional Items received for free or at a discount when you have entered into an agreement for Subscription Services
6.1. In relation to this Clause 6 and Clause 7 only, the terms listed below shall have the following meaning: ”Minimum Period” means any minimum period for the provision of any Subscription Services beginning the day of which the provision of your Subscription Services begin or, in the case of a contract renewal, the date on which that renewal becomes effective; ”Promotional Items” means any goods/ gift cards/ vouchers/ subscription services or similar received for free or at a discount when you have entered into a Services Contract; and ”Services Contract” means a contract for Subscription Services.
6.1.1. Where you have received your Promotional Item(s) and: (i) it has not been possible to fully provision you with your Subscription Services, for whatever reason, within 60 days of you placing your order; (ii) your Services Contract is terminated as a result of you being in breach of its terms (including but not limited to where you have failed to fulfil your payment obligations during the Minimum Period); or (iii) you move onto a lower rate monthly subscription or you end the Services Contract for any reason within your Minimum Period you must: a. return the Promotional Items to us upon ending your Services Contract or within 14 days of our request for you to do so by sending it to the address of which we notify you (here, we recommend that you use special delivery); or b. keep the Promotional Items, in which case you agree to pay us the amount of the discount being the stand-alone retail price of the Promotional Items (i.e. the price you would have paid had you purchased the Promotional Items without entering into the Services Contract) less any amount paid by you at the time of purchase for the Promotional Items (the ”Outstanding Amount”).
6.1.2. Any Outstanding Amount due will be invoiced as we advise and you must pay the invoiced amount within 14 days of the date of the invoice.
6.1.3. We agree that, subject to the provisions of Clauses 6.1.1 and 6.1.2 we will not exercise our right under Clause 3.7 where you have entered into a Services Contract, and are duly performing your obligations as to payment under it.
7. Limitation of Liability
7.1. We will not be liable for any loss or damage caused by us in circumstances where:
7.1.1. there is no breach of a legal duty of care owed to you by us; and/or
7.1.2. such loss or damage is not reasonably foreseeable.
7.2. We will not be liable any loss or damage caused wholly or mainly by your breach of these Conditions.
7.3. Our liability shall not in any event include losses related to any business of a customer including but not limited to lost data, lost profits or business interruption.
7.4. Nothing in these Conditions shall:
7.4.1. exclude or limit our liability for death or personal injury resulting from our acts or omissions or those of our servants, agents or employees; or
7.4.2. Limit your rights as a consumer under applicable UK law.
7.5. All Services are provided on a commercially reasonable basis. Although we will provide the Services with reasonable skill and care, we make no warranty that the Services will meet your exact requirements or that they will always be available.
7.6. The Goods, where new, are sold with the benefit of and subject to the terms set out in any warranty or guarantee given by the manufacturer of the Goods. This is in addition to your legal rights in relation to Goods which are faulty or which otherwise do not conform to the legally required standard.
7.7. Each provision of this Clause 8 operates separately. If any part is disallowed, or is not effective, the other parts will continue to apply even after our agreement has been terminated or cancelled.
8.1. Events Beyond the Parties’ Reasonable Control: If either of us cannot do what we have promised because of something beyond our reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for whom we are not responsible, or acts of local or central government or other competent authorities, such party will not be liable for this.
8.2. Third Parties: Nobody but you and us can benefit from these Conditions under the Contracts (Rights of Third Parties) Act 1999.
8.3. Assignment: You may not but we may, assign, charge or otherwise dispose of our rights under these Conditions. Any attempt by you to do so shall be void.
8.4. Governing Law: These Conditions will be governed by English Law and if you are not happy with how we deal with any disagreement and want to take bring court proceedings, you must do so within the UK.
8.5. Each Clause of these Conditions operates separately. If any part is disallowed, or is not effective, the other parts will continue to apply even after our agreement has been terminated or cancelled.
8.6. Call Monitoring: Monitoring or recording of your calls may take place for our business purposes. Calls to our customer service numbers should incur local call costs from a standard BT line, calls from other providers may vary and calls from mobiles may cost significantly more.
9. Handling Complaints and Sending Notices
9.1. If you wish to make a complaint you may do so in the following way:
9.1.1. by calling 0845 47 444 85;
9.1.2. in writing addressed to: ToxicGARB, 89a High Street, Yarm, North Yorkshire, TS15 9BG
9.2. If you need to send us a notice in relation to these Conditions you can do so in the following way:
9.2.1. by post to ToxicGARB, 89a High Street, Yarm, North Yorkshire, TS15 9BG
9.3. Proof of sending does not guarantee our receipt of your notice. You must ensure that you have received an acknowledgement from us which should be retained by you.