WEBSITE TERMS AND CONDITIONS OF USE AND SUPPLY
This is the damsonlab.co.uk website (“Site“) which is owned by Damson Global Holding Ltd (Registered in England and Wales; Company No. 11440109) of 28 High Petergate, York YO1 6EH, UK (“we” “us” “our“). This page tells you about the legal terms and conditions (“Terms”) on which we sell the goods (“Products“) listed on our Site to you.
We may amend these terms from time to time. Every time you wish to order products, please check these terms to ensure you understand the terms which will apply at that time.
You should print a copy of these terms or save them to your computer for future reference.
1. USE OF OUR SITE
1.1 You may only purchase Products from our Site if you are at least 18 years old.
1.2 As a consumer, you have 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. Nothing in these Terms will affect these legal rights.
2.1 We may be entitled to require that you register to the Site in order to purchase Products and/or access certain information from and other materials and features of the Site.
2.2 By registering to the Site, you warrant and represent that: (a) all your personal information (“User Information“) is and shall at all times be honest, accurate and complete; and (b) you shall at all times maintain the accuracy of the User Information.
2.3 Where you register to and/or purchase Products from the Site, you will need to create a user name and password (“Access Information“). You agree to keep the Access Information secure and confidential at all times and shall not disclose such to any third party except with our prior written consent.
2.4 In the event you become aware or at any time suspect that the confidentiality of your Access Information (in whole or in part) has been compromised, you shall promptly notify us at Damson, 28 High Petergate, York YO1 6EH.
3. PURCHASE OF PRODUCTS
3.1 The placing of Products on our Site is an invitation to accept offers for such Products and is not an offer to sell at the listed price nor is it binding on us. We are under no obligation to accept your order (whether or not the order has been confirmed and your debit/credit card has been charged).
3.2 Please note that the Product details and / or specifications as set out on the Site are subject to change without notice.
3.3 We will acknowledge by e-mail your order for a Product at the time you place your order. Please note that this does not mean that your order has been accepted. We will notify you by email whether we have accepted your order in whole or in part (“Acceptance Notice“). The Contract between us will only be formed when we send you our Acceptance Notice. For the avoidance of doubt, we will not be obliged to supply any Product which may have been part of your order but which we have not accepted to supply for whatever reason.
3.4 Any order (whether or not accepted) is subject to availability of the Product. If the Product becomes unavailable for any reason prior to delivery we will notify you of alternative Products. Unless you confirm that you want the alternative Products, we will issue a refund in respect of any payment already taken by us for the unavailable Product.
3.5 The images of the Products on our Site are for illustrative purposes only. Although we have made every effort to display the Products and their colours accurately, we cannot guarantee that your computer’s display accurately reflect the Products or their colour.
4. CANCELLATION OF CONTRACT BY YOU
4.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000 during the period set out below in condition 4.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep the Products, you can notify us of your decision to cancel the Contract and receive a refund. Further advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
4.2 To cancel a Contract in accordance with this condition 4, you must contact us in writing by post to Damson, 28 High Petergate, York YO1 7EH or by sending an e-mail to support at damsonlab.co.uk. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
4.3 You may cancel the Contract between you and us for the purchase of Products, at any time up to and including the seventh working day after the day on which the Products are delivered to you by notifying us in writing by email or post at the addresses set out at the beginning of these Terms. For the purposes of these Terms, a working day mans that Saturdays, Sundays or public holidays are not included in this period.
4.4 Where you cancel the Contract in accordance with this condition 4:
(a) you must return the Products to us at the address set out at the beginning of these Terms at your own cost and risk. If you cancel the contract and then you receive the Products you must not unpack them from their packaging but must immediately send them back to us;
(b) in any event, you must return the Products to us within 14 days of receiving it and at your own cost and risk;
(c) if you do not return the Products to us within 14 days we will contact you. If we have to collect it from you we will deduct any costs we incur in recovering the Products from your payment to us prior to re-crediting your charge card;
(d) provided that we receive the Products in the condition they were in when delivered to you with the original Product packaging in reasonable condition given its purpose, then we will re-credit your charge card with the amount debited for your order for the Products in question as soon as possible and, in any event, within 30 days of receipt of the Products. We will refund you on the credit or debit card used by you to pay. For the avoidance of doubt, you shall be responsible for ensuring that the Products and original packaging are returned to us in the stated condition and if any additional packaging is required in order to do this then you shall be responsible for obtaining and the cost of such; and
(e) until you return the Products to us you must keep them in your possession and take reasonable care of them.
4.5 Please be aware that you will not be entitled to cancel the Contract for the supply of any Products in accordance with this condition 4:
(a) which have been changed, altered, adjusted or personalised in any way whether by us pursuant to your request or instruction, by you or by a third party regardless of whether such change to the Products occurs before or after delivery;
(b) made to your specification or which are otherwise bespoke; and/or
(c) obtained by us especially for you so as to meet a specific item request and/or specification made by you.
5. TITLE AND RISK
5.1 Delivery of the Products will be completed when we deliver the Products to the address you gave us.
5.2 Risk in the Products passes to you when the Products are delivered to the delivery address stipulated in your order. We accept no responsibility for any damage or loss to the Products after risk passes.
5.3 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges, and all other sums owing to us from you under this or any other contract.
6. PRICE OF PRODUCTS AND DELIVERY CHARGES
6.1 The prices of the Products will be as quoted on our Site from time to time. We use our reasonable efforts to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Products you ordered, please see condition 6.5 for what happens in this event.
6.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with an Acceptance Notice.
6.3 All products offered on “sale” or with a temporary promotional price are not eligible to be combined with any other offer. This includes – but is not limited to – affiliate discounts, voucher codes, social media promotions and discount coupons. For further information please contact our Support Team.
6.4 The price of Products and delivery charges include VAT 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.
6.5 The price of the Products does not include delivery charges, unless otherwise stated on the Site. Our delivery charges are as quoted on our Site from time to time.
6.6 In the event a Product is listed at an incorrect price due to a typographical error, we will notify you of the correct price by e-mail and we will give you the choice of either purchasing the Product at the correct price or cancelling your order. If you confirm you want the Product at the corrected price we will deliver the Products to you in accordance with these Terms. If payment has been charged for the purchase and you cancel your order we will (as applicable):
(a) where the Products have been sent out, promptly issue a refund upon return of the Products to us; or
(b) where the Products have not already been sent out, promptly issue a refund.
6.7 Payments must be made by credit or debit card and we shall not supply any Product until we receive confirmation of payment.
6.8 Your payment will be processed by a secure connection at the time you place your order on the relevant section of the Site.
7. INTELLECTUAL PROPERTY
7.1 All information, copyright, database rights, trade marks, domain names, design rights and all other intellectual property rights in or relating to us, our business, the Products, the Site and/or its content (including without limitation the Site design, text, graphics and all software and source codes connected with the Site and the content displayed on the Site) are owned by us or our licensors as applicable. Accordingly any use of such intellectual property by you without our permission is expressly prohibited.
8. OUR WARRANTY FOR THE PRODUCTS
9. DEFECTIVE PRODUCTS
9.1 If the Products delivered are defective, not what you ordered, or damaged on delivery please notify us straight away and in any event within 7 days of delivery and we will arrange for the Products to be returned to us. You should keep your delivery note.
9.2 Provided you notify us in accordance with condition 9.1, we will repair, replace or refund you for the price paid for any Products which are found to be incorrect or damaged or defective on delivery for a period of 5 days after delivery.
9.3 If you opt to exchange the Products, any additional payments must be included with the returned Products. Replacement Products will not be despatched until such payment has been received.
10. Payment Providers
We offer a number of payment types including credit or debit card, Paypal and Paypal card services and Klarna, other services may be added at any point.
11. Our Liability
11.1 This condition 10 sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of any breach of these Terms; any use made by you of the Site and/or the Products, in whole or in part; and any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Contract between you and us.
11.2 The Site is provided on an ‘as is’ basis and we do not make any representations or warranties as to the accuracy, completeness or suitability of the Site. Except as expressly set out in these Terms, all warranties, conditions and other terms implied by statute or common law or otherwise are, to the fullest extent permitted by law, excluded.
11.3 We give no warranty regarding the functionality of the Site including without limitation that the Site will be available on an uninterrupted or error free basis; that defects will be corrected; or that the Site or the server that makes it available are free of viruses or anything else which may be harmful or destructive and no liability can be accepted in respect of losses or damages arising out of such. We recommend that you take all appropriate safeguards before downloading information or images from the Site.
11.4 In respect of any cause of action (including an action for negligence) arising out of or in connection with any purchase of Products from us, our entire liability shall be limited to (at our option) where the action relates to Products, repairing or replacing the defective Products or refunding the amount paid by you in respect of the Products purchased.
11.5 Subject to condition 10.6 below and to the fullest extent permitted by law: (i) we shall not be liable to you, whether in contract, tort (including negligence or restitution), for breach of statutory duty, misrepresentation or otherwise for any: loss of profit; loss of business; loss of contract; loss of anticipated savings; loss of use; loss of or corruption to data or information; loss or depletion of goodwill or similar losses; or any special, indirect or consequential loss, costs or damage arising out of or otherwise in connection with the Contract, including without limitation any use of the Site; and (ii) our total liability to you in contract, tort (including negligence or restitution or breach of statutory duty, misrepresentation or otherwise shall be limited to:
(a) where the breach relates to the Products, to the price paid or payable in respect of the Products to which the breach relates; and
(b) in respect of all breaches not falling within the scope of condition 10.5(a) above, £1.
11.6 Nothing in these Terms shall be construed so as to exclude or limit our liability for: death or personal injury caused as a result of negligence; or for fraud or fraudulent misrepresentation or any breach of the obligations implied by section 12 of the Supply of Products and Service Act 1982; or for any liability that, by law, cannot be limited or excluded.
12.1 The Site may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites or of the products/services offered on such websites. We do not accept any responsibility in respect of such websites or their accuracy, reliability, availability or content, including without limitation in respect of any link contained in a linked Site. Third party websites are governed by separate terms and conditions and privacy policies. We advise that you read all such information carefully before using any such third party website.
12.2 If any of these Terms should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term shall be severed and the remaining Terms shall survive and remain in full force and effect and continue to be binding and enforceable.
12.4 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 the Products as a gift, you may transfer the benefit of the warranty in condition 8 to the recipient of the gift without needing to ask our consent.
11.5 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 the Products will have the benefit of our warranty at condition 8, but we and you will not need their consent to cancel or make any changes to these Terms.
12.6 We shall not be liable to you for any delay in, or failure of, performance of our obligations under these Terms arising from any cause beyond our reasonable control including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data or stock) and industrial action.
12.7 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.
12.8 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 the courts of England and Wales will have exclusive jurisdiction in relation to any such claim or dispute.
13.1 If you have any queries or concerns about the Site, the Products, please contact us at Damson, 28 High Petergate, York YO1 6EH or via the “contact us” page.