This section tells you about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website www.darbymade.com to you.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 7. Every time you wish to order Products, please check these Terms to ensure you understand the terms that will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
We operate the website darbymade.com. We are Darbymade Limited, a company registered in England and Wales under company number 09725088 and with our registered office at 3 Wincanton Road, London, SW18 5TZ. If you would like to contact us via email please send an email to firstname.lastname@example.org
1.2 Contacting us if you are a consumer:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 8, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the contact form on our website. If you use this method we will email you to confirm we have received your cancellation. You can also contact our Customer Services team via email on email@example.com. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by email then your cancellation is effective from the date you send us the email.
(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact our Customer Services team as set out above.
(c) If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.
2. OUR PRODUCTS
2.1 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.
2.2 Although we have made every effort to be as accurate as possible, our products are bespoke items and therefore all sizes, weights, colours, capacities, dimensions and measurements indicated on our site have a 5% tolerance.
2.3 The packaging of the Products may vary from that shown on images on our site.
3. HOW WE USE YOUR PERSONAL INFORMATION
We are committed to protecting and respecting your privacy. This clause 3 sets out the basis on which any personal data we collect from you, or which you provide to us, will be processed by us. By visiting our website you are accepting and consenting to the practices described in this clause 3.
3.1 We may collect and process the following data about you:
(a) You may give us information about you by filling in forms on our website or by corresponding with us by phone, email or otherwise. This includes information you provide when you register to use our site, subscribe to our service, search for a product, place an order on our site, participate in discussion boards or other social media functions on our site, enter a competition, promotion or survey, and when you report a problem with our site. The information you give us may include your name, address, email address and phone number, financial and credit card information.
3.2 We use information held about you in the following ways:
(a) Information you give to us. We will use this information:
(i) to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
(ii) to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
(iii) to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (email or SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on checkout.
(iv) to notify you about changes to our service;
(v) to ensure that content from our website is presented in the most effective manner for you and for your computer.
3.3 Information we collect about you. We will use this information:
(a) to administer our website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
(b) to improve our website to ensure that content is presented in the most effective manner for you and for your computer;
(c) to allow you to participate in interactive features of our service, when you choose to do so;
(d) as part of our efforts to keep our site safe and secure;
(e) to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
(f) to make suggestions and recommendations to you and other users of our website about goods or services that may interest you or them.
3.4 Disclosure of your information:
(a) We may share your personal information with any member of our group or with selected third parties including business partners, suppliers, advertisers and advertising networks, and analytics and search engine providers.
(b) We may disclose your personal information to our professional advisors or if we are under a duty to do so in order to comply with any legal obligation.
3.5 Where we store your personal data:
(b) Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
(c) Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
3.6 Your rights
(a) You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting our Customer Services team.
(b) Our website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
3.7 Access to information
(a) The Data Protection Act 1998 gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
5. YOUR PURCHASE
5.1 By placing an order on our website, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old. If you are under 18 we may need the express consent from your parent or legal guardian.
6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
6.2 When you purchase Products from our Website, and you have pressed the “COMPLETE ORDER” button we shall confirm your Order via email and assign you with an order number via email to confirm your purchase. This email is NOT an acceptance of your Order, just a confirmation that we have received it (“Order Confirmation”). The Order Confirmation will confirm the following: a description of the Products ordered; the total price of the goods; the applicable delivery charges, information relating to your right to cancel.
6.3 The contract between us will only be formed when we send you the “Dispatch Confirmation”. The Dispatch Confirmation is the email that we send to you when we have accepted your Order and it will be sent to you on dispatch to you of your Order (unless we have been unable to fulfil your Order or if you have cancelled the Order beforehand).
6.4 Please quote the order number in all subsequent correspondence with us. All prices for the Products and services include VAT unless otherwise stated.
6.5 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 email 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.
7. OUR RIGHT TO VARY THESE TERMS
7.1 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.
7.2 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.
7.3 We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
(a) changes in relevant laws and regulatory requirements; and
(b) due to any unforeseen circumstances affecting the manufacturing process.
7.4 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.
8. YOUR CONSUMER RIGHT OF RETURN AND REFUND
8.1 If you are a consumer, you have a legal right to cancel a Contract during the period set out below in clause 8.3. 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.
8.2 However, this cancellation right does not apply in the case of any bespoke or customised goods which have been customised in accordance with your specific request.
8.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we email you to confirm our acceptance of your order), which is when the Contract between us is formed. Your legal right to cancel an Order starts from the date of the Dispatch Confirmation (the date on which we email you to confirm our acceptance of your Order and which is the date on which the contract between us is formed), and the end date is the end of 30 days after that date (for example, if the date of the Dispatch Confirmation is Monday 4 August, the end date is Thursday 3rd September).
8.4 To cancel a Contract, you just need to let us know that you have decided to cancel. You can also contact our Customer Services team by email, telephone or post. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or email us before midnight on that day.
8.5 If you cancel your Contract we will:
(a) refund you the price you paid for the Products, less the cost of delivery to you. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
(b) make any refunds due to you as soon as possible and in any event within 30 days after the day on which we receive the Product back from you.
8.6 If you have returned the Products to us under this clause 8 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
8.7 We will refund you on the credit card or debit card used by you to pay. If you used a gift card to pay for the Product we may refund you by issuing a new gift card.
8.8 If a Product has been delivered to you before you decide to cancel your Contract:
(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract.
(b) unless the Product is faulty or not as described (in this case, see clause 8.6), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery.
8.9 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 in this clause 8 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
8.10 All product costs are charged in British Pounds (GBP) at checkout - any prices quoted in other currencies are based on the FX rate at time of publishing.
9.1 We will contact you via email when your order has been dispatched and this email will have a tracking code so you can monitor the progress of your delivery. Orders are delivered by courier. Our couriers require a signature and operate between 9am and 5pm on weekdays, so please specify an address where someone will be able to sign for your order between these hours, alternatively have your order delivered to your work address. We will make every effort to deliver within the time stated but we will not be liable for any loss caused to you by late delivery, so please try to order with enough time to prevent disappointment particularly in the busy Christmas season. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 16 for our responsibilities when this happens.
9.2 If no one is available at your address to take delivery, then a note left by the delivering company will have further instructions for you to follow, if you need our help in tracking the package then please contact us on firstname.lastname@example.org.
9.3 Delivery of an Order shall be completed when we deliver the Products to the address you gave us or you or a carrier organised by you collect them from us and the Products will be your responsibility from that time.
9.4 You own the Products once we have received payment in full, including all applicable delivery charges.
9.5 All delivery and shipping costs are charged in British Pounds (GBP) at checkout - any prices quoted in other currencies are based on the FX rate at time of publishing.
10. INTERNATIONAL DELIVERY
10.1 You may place an Order for Products from outside the UK (International Delivery Destinations), but please note that your Order may be subject to import duties and taxes which are applied when the goods reach the destination. Please note that we have no control over these charges and we cannot predict their amount. Please contact your local customs office for further information.
10.2 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
10.3 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
11. PRICE OF PRODUCTS AND DELIVERY CHARGES
11.1 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.
11.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
11.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK 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.
11.4 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.
11.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
12. HOW TO PAY
12.1 If you have ordered Products from our website, you can pay for the Products using a debit card or credit card or by using Paypal. The payment methods we accept will be set out on our website.
12.2 Payment for the Products and all applicable delivery charges is in advance.
12.3 We do not store credit card details nor do we share customer details with any 3rd parties.
12.4 To ensure that shopping online is secure, when paying by credit/debit card your details will be encrypted using the 128-bit SSL Software. This means that your card payment details are encrypted, you will see a small padlock and the prefix HTTPS appear in the top left hand side of your browser. We use the highest level of encryption on our website to ensure you stay safe online – we have EVSSL certificates which means we have 2048 bit encryption instead of the standard 1024 bit so you can be sure shopping with us online is safe.
12.5 We have chosen to use Shopify Payments our payment gateway. Shopify Payments ensure that all your credit card details are encrypted and sent securely between you, your bank and ourselves.
12.6 Your credit card company may also carry out additional security checks. In the event your card is declined please contact your card issuer to authorise the transaction.
12.7 We may feel the need to carry out additional security checks to help protect both ourselves and our other customers. In these cases we may ask for additional proof of ID such as a driving licence or utility bill. You will be contacted either by email or by phone if this is necessary.
12.8 3D Secure – this is an extra page that you will see after you have entered your card details that is provided by your card issuer. For some card issuers this is not compulsory but we would recommend that you sign up for this service to provide yourself with an extra level of security when purchasing items online.
12.9 Only one discount code per order can be used at a time. If a discount code is not applied then it is at our discretion if the code is applied to the order.
13. TRADEMARKS AND COPYRIGHT
13.1 We do not give you any right or interest in any copyright or intellectual property rights in any Product nor the right to copy them.
13.2 The copyright in darbymade.com and the content of all the software, website and pages relating to the darbymade.com web site is owned by, or licensed to Darbymade, unless otherwise specified and may not be used, copied or altered without our express consent
13.3 Copyright extends to the design, look and feel of darbymade.com, all photography and any marketing materials.
13.4 You may use darbymade.com only for private and personal non-commercial use. You may not use darbymade.com for any other purpose.
13.5 Darby and our logos are trade names or trade marks of Darbymade and may not be used by anyone else without our express permission.
14. PRODUCT WARRANTY
14.1 We provide a warranty that on delivery and for a period of one year from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 14.2.
14.2 The warranty in clause 14.1 does not apply to any defect in the Products arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) if you fail to operate or use the Products in accordance with the user instructions;
(d) any alteration or repair by you or by a third party who is not one of our authorised repairers; or
(e) any specification provided by you.
14.3 If you are a consumer, this warranty is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
15. OUR RESPONSIBILITIES
15.1 Because of the nature of the Internet, we provide and maintain http://darbymade.com on an "as is" and "as available" basis and we make no promise that use of http://darbymade.com will be uninterrupted or wholly error free. We are not responsible if we are unable to provide our Internet services for any reason beyond our control.
15.2 We do not give any guarantees, warranties or representations in respect of any third parties services.
15.3 We have tried to ensure that all product descriptions and photographs are as accurate as possible.
15.4 Our website contains links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites
15.5 Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
15.6 You will be responsible for any breach of these terms by you and if you use http://darbymade.com in breach of these terms you will be liable to and will reimburse us for any loss or damage caused as a result.
15.7 These terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall they exclude or limit our liability for death or personal injury resulting from its negligence nor any fraudulent representation.
15.8 Please read the instructions, manuals and other user documentation that comes with your Products carefully. You are urged to use all products safely and in accordance with the manufacturer's guidelines.
15.9 These terms do not affect your statutory rights as a consumer which are available to you.
15.10 Subject as aforesaid, to the maximum extent permitted by law, we exclude liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to us and we shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
(a) The infringement by any person of any Intellectual Property Rights of any third party caused by their use of http://darbymade.com or any Product purchased through http://darbymade.com.
(b) Any incorrect or inaccurate information on http://darbymade.com
(c) Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
(d) Any loss or damage resulting from your use or the inability to use the http://darbymade.com website or resulting from unauthorised access to, or alteration of your transmissions or data in circumstances which are beyond our control.
(e) Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading http://darbymade.com, or from transmissions via emails or attachments received from http://darbymade.com or its licensees and affiliates.
(f) The availability, quality, content or nature of the other sites on the Internet that are owned and operated by third parties to which we link and web sites located on or through any External Site nor for any transactions involving External Sites (including as to 'cookies', personal data, confidential information, or purchases of domain names or other services). You should contact the site administrator or webmaster for those external sites if you have any concerns regarding such links, web site or transactions.
(g) All representations, warranties, conditions and other terms which but for this notice would have effect
16. GENERAL INDEMNITY
16.1 You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
17. OUR LIABILITY TO YOU AS A CONSUMER
17.1 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.
17.2 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.
17.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
18. EVENTS OUTSIDE OUR CONTROL
18.1 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 in clause 18.2.
18.2 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 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.
18.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
18.4 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.
19. COMMUNICATIONS BETWEEN US
19.1 When we refer, in these Terms, to "in writing", this will include email.
19.2 As a consumer you may contact our Customer Services team as described at the start of these Terms.
20. OTHER IMPORTANT TERMS
20.1 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.
20.2 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 in clause 14 to the recipient of the gift without needing to ask our consent.
20.3 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 at clause 14, but we and you will not need their consent to cancel or make any changes to these Terms.
20.4 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.
20.5 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.
20.6 As 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.
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