Terms and Conditions

General Terms and Conditions

The booking to hire/rent and/or purchase/buy goods/material online will only be effective after the acceptance of these terms and conditions by the customer.

These general terms and conditions, as well as the prices, will be subject to possible modifications without prior notice from Tots in Tow.

The general terms and conditions will be those set out on the Tots in Tow website at the time of the booking by the customer (You).

The text and photographs used on the website are not contractual. There may be variations or changes in colour and other design details, which in any case will not affect the validity of the hire/rental or purchase.

  1. Definitions
    1. Tots in Tow is the Trading name of Tots in tow SL with NIF B72376916 and registered address Calle Forma 8, Sotogrande, San Roque, 11310, Cádiz.
    2. Any reference to “You” or “Your” of “Yours” is the customer
    3. Any reference to  “We” or “Our” or “Ours” or “Us” is Tots in Tow (Tots in tow SL)
    4. Any reference to “hire” or “rent(al)” services consists of providing material(s) or item(s) for a certain period of time.
    5. Any reference to “purchase” or “buy” consists of providing material(s) or item(s) that are brand new and still with their original packaging. We will, however, test and assemble any new items that are not a hygiene or food-based material/items, to ensure that they are working correctly on delivery.
    6. The current geographic area for deliveries will be defined in the rental/hire or purchase/buy details but in general,
      1. This includes a distance of 10KM around Sotogrande, Spain.
      2. For deliveries outside of this area, we reserve the right to not make deliveries or to do so at an additional cost that will be charged to You.
    7. Working days are considered every day from Monday to Friday with Saturday and Sunday excluded.
  2. Material(s) and/or Good(s)/Item(s)
    1. Material(s) and/or goods/items refers to a complete set of material along with any instructions for use, packaging and accessories as or where appropriate.
    2. The material(s) and/or goods/items meets all European standards.
  3. Payments and Refunds
    1. Only credit/debit card payments will be accepted (no cash or bank transfers will be accepted under any circumstances).
    2. Any currency exchange fees must be assumed by You.
    3. All payments to include the hire/rental cost, purchase/buy cost, any delivery charges and damage deposits must be made in advance.
    4. All prices indicated on Our website are in Euros (€) and include IVA/VAT.
    5. Any appropriate delivery costs are not included in the online price but will be indicated in Your Order prior to You agreeing to make the payment.
    6. If applicable, any damage deposit is not included in the price indicated online and will be taken as a pre-authorisation with a valid credit card and an actual deduction (that will be returned) for debit cards
    7. Any refunds to You will be made by the same payment method that the payment was received and to the same credit or debit card.
      1. To protect against fraud, We will not issue any refunds to any other credit or debit card other than the one from which the payment was received. It is Your responsibility to ensure that the expiry date of Your card or the credit limit will not prevent this.
  4. Secure online payment
    1. We use Stripe as the Internet payment gateway which ensures a secure payment method without third parties accessing the information during the payment process.
    2. We do not store your credit card details outside of the payment gateway.
  5. Terms of hire/rental and/or purchase/buy
    1. The hire/rental and/or purchase/buy agreement will become effective through an Order that will be made online via the Tots and Tow website.
    2. The Order of standard items offered online will be confirmed and validated by the following steps:
      1. Online Order Request made by You.
      2. Confirmation of total and final price to include any delivery charges, damage deposits and any other fees for non-standard deliveries.
      3. Your Agreement to proceed with this Order at the price quoted.
      4. Your Agreement to Our Terms and Conditions and Privacy Policy when You tick the appropriate tick-boxes online.
      5. Availability automatically confirmed online by Us via the Tots in Tow website.
      6. Your payment is taken and received by Us.
      7. Confirmation of Order sent to You via email.
    3. The Order of non-standard items that are indicated as “Availability on Request” or “On Request” will be confirmed and validated by the following steps:
      1. Online Order Request made by You
      2. Your Agreement to Our Terms and Conditions and Privacy Policy when You tick the appropriate tick-boxes online
      3. Availability and final price to include any delivery charges, damage deposits and any other special or non-standard arrangements will be confirmed by Us in an email to You with a payment link included in the email.
      4. Your Agreement to proceed with this Order at the price quoted.
      5. Your payment taken and received by Us, Your payment affects Your Agreement as in 5.3.4
      6. Confirmation of Order sent to You via email
    4. In the event that the initial hire/rental period is to be extended, the additional pro-rata amount will be deducted from your credit or debit card on the agreement of the extension.
  6. Correspondence and electronic files
    1. All emails, faxes, WhatsApps and any other messaging services between Us and You, may be considered as proof of correspondence and commitment.
    2. All personal data will be stored and We expressly insist on the probative validity of this information regarding the orders requested by You.
    3. These electronic files constitute valid proof and will be considered in the same way as any written document.
  7. Duration of the hire/rental
    1. The hire/rental period begins on the date on which the material/items are delivered to You according to the specified conditions and at the place indicated by You, or when collected by You from a Stasher location.
    2. The hire/rental period ends when the material/items are returned to Us in its entirety, and once its condition has been checked.
    3. You may, after agreement with Us, extend the hire/rental period. In this case, a pro-rata amount for the additional hire/rental period will be deducted from your credit/debit card and the terms of the agreement will continue until the end of the new hire/rental period.
    4. The minimum hire/rental period is 1 day.
  8. Cancellation by Us
    1. From time to time we can refuse to hire/rent the material/items under circumstances such as:
      1. Lack of stock
      2. We have not received payment or the payment from Your card has been charged back
      3. You refuse to pay the agreed amount in the order, including any delivery charges and/or the deposit
  9. Your responsibilities
    1. You agree to hire/rent the material/items only for private use and for the purpose that has been hired/rented
    2. You should check the material/items at the time of delivery and check that they are in good condition, clean and in correct working order. If You notice any defect or issue, You must advise Us immediately in writing so that We can replace it as soon as possible.
    3. You must take care of the material/items, ensure that due care is made to avoid loss, damage or theft and to assemble it and dismantle it according to any instructions provided.
  10. Materials/Items and accessories
    1. The material(s)/item(s) will be delivered to You in perfect condition.
    2. We will not be responsible for any complaint regarding the state of the material(s)/good(s) that was not identified on delivery.
    3. If there is no report that indicates otherwise and the material delivery sheet is signed without any observation, it is understood that the material has been delivered in good condition, it works and that it must be returned to us in the same way.
    4. We will not accept any claim after the return of the material/items and after the delivery note is signed by You
  11. Damage Deposit
    1. The material(s)/item(s) will not be delivered until the payment of the damage deposit has been made as per section 3.6 herein
    2. The amount of the deposit is indicated in the Order
    3. If the material(s)/item(s) are returned late or damaged or the payment has not been made in full, We reserve the right to retain the deposit and add an additional charge up to a maximum value of the actual material(s)/item(s) plus a 20% surcharge until the material(s)/item(s) are returned.
  12. Return of the material(s)/item(s) and return of the damage deposit.
    1. At the end of the hire/rental period, you must return the material in a good condition, complete with the packaging You have received the material(s)/item(s) in
    2. Only small damages resulting from reasonable wear of the product will be accepted
    3. We have 3 days to review the status of the returned material(s)/item(s), and to verify that it works, has all the parts and components and is in good condition.
    4. Once the good condition of the material(s)/item(s) has been confirmed, We will refund the damage deposit within 5 working days
    5. If the material(s)/item(s) are returned with damages and faults beyond reasonable wear and tear, We will hold the damage deposit in full or make a charge to your credit card to cover the cost of a replacement whilst a quote for repair is obtained
    6. If the cost of the repair is less than the cost of a new item, We will refund the difference
    7. The damage deposit will also be applied/used for any loss of any piece/part
  13. Delivery and collection
    1. The delivery of the material(s)/item(s) will be made directly through Us or through a carrier designated by Us.
    2. We have 2 standard delivery slots:
      1. Morning which is 9.00 am to 14.00 pm
      2. Afternoon which is 15.00 pm to 18.00 pm.
      3. We will contact You closer to the delivery date to agree a more accurate delivery time with You.
      4. Deliveries on a Saturday, Sunday or on a Public Holiday may be subject to a 15 Euros surcharge.
      5. If Your delivery address is different to Your collection address, You must advise us 48 hours in advance of the date for collection.
      6. If You expect to be late for a delivery or collection, please Contact Us as soon as possible to let Us know and We will try to rearrange a different time with You.
        1. If We do not hear from You with enough time to rearrange Our delivery schedule, We will endeavour to arrange a different time with You however, We will apply a 20 Euros delivery charge for the second delivery attempt.
        2. Or You can come and collect the items from Our office but We will not be able to offer You any discount that may be applied from time to time for collection and return
        3. If any delay results in Us delivering the items to You the following day, We will not apply any pro-rata refund for this loss or hire or rental period.
      7. You can also collect and return Your material(s)/item(s) from Our offices
        1. In Sotogrande: (Calle Forma 8, Sotogrande) – Our standard office opening hours are Monday to Friday, 9.00 am to 18.00. – Our standard office opening hours are Monday to Friday, 9.00 am to 9.00 pm.
      8. The time requested by You is not contractual and We reserve the right to change this.
  14. General Waiver
    1. We do not take any responsibility for damages caused to properties or to third parties for the use of the material/items during the hire/rental period or for any items or materials that You purchase/buy from Us.
    2. We are not responsible for delays caused by reasons beyond Our control such as extraordinary weather phenomena, changes or cuts of traffic on public roads, delay in the return of material by another customer or provider, strikes or delays in transportation public or other causes of force majeure, not being able to be held responsible for the consequences thereof or requested compensation in this regard by You or by third parties.
  15.  Cancellation
    1. For standard hire, provided You give Us 3 days (72 hours) written notice prior to the delivery/collection date, We will issue a full refund. Any cancellations made after this time will not be eligible for a refund.
    2. For standard buy/purchase items, provided You give Us 7 days written notice prior to the delivery/collection date, We will issue a full refund. Any cancellations made after this time will not be eligible for a refund.
    3. If We are asked to purchase/buy items on Your specific request and not as part of Our inventory within the Tots in Tow website, please Contact Us and We will discuss the cancellation with You. We will do Our best to arrange a refund, but this will depend on the value of the item that We purchased for You and Our ability to resell or return the item.
  16. Privacy policy
    1. We guarantee the confidentiality of Your personal data that has been provided by You and their treatment in accordance with current legislation on the protection of personal data (Organic Law 15/1999, of December 13, Protection of Personal Data, Royal Decree 994/1999, of June 11, which approves the Regulation of security measures for automated files containing personal data, as well as all regulations applicable to this matter).
    2. You can exercise Your right to modify, cancel or delete Your data at any time by contacting Us at info@totsintow.com
  17.  Jurisdiction
    1. In the case of a dispute between the contracting parties, this contract between You and Us shall be governed and interpreted by Spanish law and the Courts of San Roque.
  18.  Agreement:
    1. You accept the conditions described herein and You are obliged to comply with them for the duration of the hire/rental period and until we collected or you returned all material(s)/item(s) to Us

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