WEBSITE TERMS AND CONDITIONS
WELCOME TO THE Donald Dallas WEBSITE TERMS AND CONDITIONS FOR USE.
THESE TERMS AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE AT
www.donalddallas.com. BY ACCESSING THIS WEBSITE AND/OR PLACING AN
ORDER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF
WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US. IF YOU
DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
The www.donalddallas.com website is operated by:
Donald Dallas
We are not registered for VAT.
Our contact details are as follows:
Trading address:
Donald Dallas,
Balyarrow House,
Monimail Road,
Letham,
Fife,
United Kingdom,
KY15 7RR
General email: balyarrow@aol.com
Telephone number: 01337 810249
1. INTRODUCTION
1.1 You will be able to access most areas of this Website without
registering your details with us. Certain areas of this Website are
only open to you if you register.
1.2 We may revise these terms and conditions at any time by
updating this posting. You should check this Website from time to time
to review the then current terms and conditions, because they are
binding on you. Certain provisions of these terms and conditions may be
superseded by expressly designated legal notices or terms located on
particular pages of this Website. If you do not wish to accept any new
terms and conditions after we have given notice, you should not
continue to use this Website.
1.3 If you have any concerns about material on our site, please contact us by email at balyarrow@aol.com.
2. ORDERING FROM US
2.1 You are deemed to place an order with us by ordering via our
online checkout process. As part of our checkout process you will be
given the opportunity to check your order and to correct any errors. We
will send you an order acknowledgement, detailing the products you have
ordered.
2.2 Our acceptance of an order takes place when we despatch the
order. When we despatch the order the purchase contract will be made ,
unless we have notified you that we do not accept your order or you
have cancelled your order.
2.3 We may refuse to accept an order:
(a) where goods, services or information ordered by you are not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description error; or
(d) if you do not meet any eligibility criteria set out in our terms and conditions.
(e) if we do not deliver to your area;
Where we do not accept your order but have processed your
payment, we will re-credit your account with any amount deducted by us
from your debit or credit card as soon as possible, but in any event
within 30 days of your order. We will not be obliged to pay any
additional amount as compensation for disappointment.
3. PRICING
3.1 Our prices do not include VAT as we are not registered for VAT.
3.2 Where we charge separately for packing, carriage and insurance
and other relevant charges, the appropriate rates are set out in our
specified pricing structure shown elsewhere on this Website.
4. DELIVERY
4.1 We will deliver goods ordered by you as soon as possible to the
address you give us for delivery, but in any event within 28 days of
your order.
4.2 If the goods we deliver are not what you ordered or are
damaged or defective or the delivery is of an incorrect quantity, we
shall have no liability to you unless you notify us in writing, at our
contact address, of the problem within 10 working days of the delivery
of the goods in question.
4.3 If you do not receive goods ordered by you within 28 days of
the date on which you ordered them, we shall have no liability to you
unless you notify us in writing at our contact address of the problem
within 10 days of our maximum delivery period of 28 from the date on
which you ordered the goods.
5 LIABILITY
5.1 If the goods we deliver are not what you ordered or are damaged
or defective or the delivery is of an incorrect quantity, we shall have
no liability to you unless you notify us in writing at our contact
address of the problem within 10 working days of the delivery of the
goods in question.
5.2 If you do not receive goods ordered by you within 30 days of
the date on which you ordered them, we shall have no liability to you
unless you notify us in writing at our contact address of the problem
within 40 days of the date on which you ordered the goods.
5.3 If you notify a problem to us under this condition, our only obligation will be, at your option:
(a) to make good any shortage or non-delivery;
(b) to replace or repair any goods that are damaged or defective; or
(c) to refund to you the amount paid by you for the goods in question in whatever way we choose.
5.4 Save as precluded by law, we will not be liable to you for any
indirect or consequential loss, damage or expenses (including loss of
profits, business or goodwill) howsoever arising out of any problem you
notify to us under this condition and we shall have no liability to pay
any money to you by way of compensation other than to refund to you the
amount paid by you for the goods in question under clause 6.2(c) above.
5.5 You must observe and comply with all applicable regulations
and legislation, including obtaining all necessary customs, import or
other permits to purchase goods from our site. The importation or
exportation of certain of our goods to you may be prohibited by certain
national laws. We make no representation and accept no liability in
respect of the export or import of the goods you purchase.
5.6 Notwithstanding the foregoing, nothing in these terms and
conditions is intended to limit any rights you might have as a consumer
under applicable local law or other statutory rights that may not be
excluded nor in any way to exclude or limit our liability to you for
any death or personal injury resulting from our negligence.
6. CANCELLATION OF CONTRACTS FOR GOODS AND RETURNS POLICY – FOR CONSUMERS ONLY
6.1 This section applies to consumers only (and not to businesses or other organisations) who order goods
6.2 If you wish to cancel your order:
(a) you can notify us by email to balyarrow@aol.com before we have dispatched the goods to you; or
(b) where goods have already been
dispatched to you, by returning goods to us in accordance with clause
4.2 below.
6.3 You can return goods you have ordered from us for any reason
at any time within 28 days of receipt for a full refund or exchange.
The costs of returning goods to us shall be borne by you.
6.4 Upon receipt of the goods we will give you a full refund of
the amount paid or an exchange credit as required, less (if for any
reason the these costs have not been paid by you) the costs of delivery
to us.
6.5 The rights to return the goods to us as referred to in clause 6.3 will not apply in the following circumstances: -
* in the event that the product has been used
* to any products that we have made or customised specifically for you
The provisions of this clause 6.5 do not affect your statutory rights.
7. LICENCE
7.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on this Website are used separately from accompanying text; and
(c)any of our copyright and trade mark notices and this permission notice appear in all copies.
7.2 Unless otherwise stated, the copyright and other intellectual
property rights in all material on this Website (including without
limitation photographs and graphical images) are owned by us or our
licensors. For the purposes of these terms and conditions, any use of
extracts from this Website other than in accordance with clause 5.1
above for any purpose is prohibited. If you breach any of the terms in
these terms and conditions, your permission to use this Website
automatically terminates and you must immediately destroy any
downloaded or printed extracts from this Website.
7.3 Subject to clause 7.1, no part of this Website may be
reproduced or stored in any other website or included in any public or
private electronic retrieval system or service without our prior
written permission.
7.4 Any rights not expressly granted in these terms are reserved.
8. SERVICE ACCESS
8.1 While we endeavour to ensure that this Website is normally
available 24 hours a day, we will not be liable if for any reason this
Website is unavailable at any time or for any period.
8.2 Access to this Website may be suspended temporarily and
without notice in the case of system failure, maintenance or repair or
for reasons beyond our control.
9. VISITOR MATERIAL AND CONDUCT
9.1 Other than personally identifiable information, which is
covered under the Privacy Policy [INSERT HYPERLINK], any material you
transmit or post to this Website will be considered non-confidential
and non-proprietary. We will have no obligations with respect to such
material. We and our nominees will be free to copy, disclose,
distribute, incorporate and otherwise use such material and all data,
images, sounds, text and other things embodied therein for any and all
commercial or non-commercial purposes.
9.2 You are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory,
obscene, indecent, seditious, offensive, pornographic, abusive, liable
to incite racial hatred, discriminatory, menacing, scandalous,
inflammatory, blasphemous, in breach of confidence, in breach of
privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct
that would be considered a criminal offence, give rise to civil
liability, or otherwise be contrary to the law of or infringe the
rights of any third party, in the UK or any other country in the world;
or
(d) which is technically harmful
(including, without limitation, computer viruses, logic bombs, Trojan
horses, worms, harmful components, corrupted data or other malicious
software or harmful data).
9.3 You may not misuse the Website (including, without
limitation, by hacking, impersonating any person or entity or falsely
misrepresent your affiliation with a person or entity, ‘stalk’ or
harass another or collect or store personal data about other users ).
9.4 We will fully co-operate with any law enforcement authorities
or court order requesting or directing us to disclose the identity or
locate anyone posting any material in breach of clauses 9.2 or 9.3.
9.5 It is your responsibility to determine that your input into
our site, including use of any chat room areas of our site, including
your choice of your user name, conforms to the above conditions.
Remember that the site and your content may be accessed by children.
9.6 If you notice any content which breaches these conditions, please notify us by email to balyarrow@aol.com.
10. LINKS TO AND FROM OTHER WEBSITES
10.1 Links to third party websites on this Website are provided
solely for your convenience. If you use these links, you leave this
Website. We have not reviewed all of these third party websites and do
not control and are not responsible for these websites or their content
or availability. We therefore do not endorse or make any
representations about them, or any material found there, or any results
that may be obtained from using them. If you decide to access any of
the third party websites linked to this Website, you do so entirely at
your own risk.
10.2 If you would like to link to this Website, you may only do
so on the basis that you link to, but do not replicate, the home page
of this Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the Donald Dallas logo;
(b) you do not create a frame or any other browser or border environment around this Website;
(c) you do not in any way imply that we are endorsing any products or services other than our own;
(d) you do not misrepresent your
relationship with us nor present any other false information about us;
(e) you do not otherwise use any Donald
Dallas trade marks displayed on this Website without our express
written permission;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content
that is distasteful, offensive or controversial, infringes any
intellectual property rights or other rights of any other person or
otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this
clause 8.2 for breach of these terms and to take any action we deem
appropriate.
10.3 You shall fully indemnify us for any loss or damage we or any
of our group companies may suffer or incur as a result of your breach
of clause 8.2.
11. REGISTRATION
11.1 To register with www.donalddallas.com you must be over years of age.
11.2 Each registration is for a single user only, whether or not
acting on behalf of a company or other organisation. We do not permit
you to share your user name and password with any other person nor with
multiple users on a network.
11.3 Responsibility for the security of any passwords issued rests
with you and if you know or suspect that someone else knows your
password, you should contact us immediately.
11.4 We may suspend or cancel your registration immediately at our
reasonable discretion or if you breach any of your obligations under
these terms and conditions.
12. DISCLAIMER
12.1 While we endeavour to ensure that the information on this
Website is correct, we do not warrant the accuracy and completeness of
the material on this Website. We may make changes to the material on
this Website, or to the products and prices described in it, at any
time without notice. The material on this Website may be out of date,
and we make no commitment to update such material.
12.2 The material on this Website is provided “as is” without any
conditions, warranties or other terms of any kind. Accordingly, to the
maximum extent permitted by law, we provide you with this Website on
the basis that we exclude all representations, warranties, conditions
and other terms (including, without limitation, the conditions implied
by law of satisfactory quality, fitness for purpose and the use of
reasonable care and skill) which but for these terms and conditions
might have effect in relation to this Website.
13. LIABILITY
13.1 We, any other party (whether or not involved in creating,
producing, maintaining or delivering this Website), and any of our
group companies and the officers, directors, employees, shareholders or
agents of any of them, exclude all liability and responsibility for any
amount or kind of loss or damage that may result to you or a third
party (including without limitation, any direct, indirect, punitive or
consequential loss or damages, or any loss of income, profits,
goodwill, data, contracts, use of money, or loss or damages arising
from or connected in any way to business interruption, and whether in
tort (including without limitation negligence), contract or otherwise)
in connection with this Website in any way or in connection with the
use, inability to use or the results of use of this Website, any
websites linked to this Website or the material on such websites,
including but not limited to loss or damage due to viruses that may
infect your computer equipment, software, data or other property on
account of your access to, use of, or browsing this Website or your
downloading of any material from this Website or any websites linked to
this Website.
13.2 Nothing in these terms and conditions shall exclude or limit
our liability for (i) death or personal injury caused by negligence (as
such term is defined by the Unfair Contract Terms Act 1977); (ii)
fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any
liability which cannot be excluded or limited under applicable law.
13.3 If your use of material on this Website results in the need
for servicing, repair or correction of equipment, software or data, you
assume all costs thereof.
13.4 You agree, on behalf of yourself and your business entity or
organisation, jointly and severally to indemnify us fully, defend and
hold us, and our officers, directors, employees and agents, harmless
from and against all claims, liability, damages, losses, costs
(including reasonable legal fees) arising out of any breach of the
terms and conditions by you, or your use of this Website, or the use by
any other person using your registration details.
14. GOVERNING LAW AND JURISDICTION
14.1 These terms and conditions shall be governed by and construed
in accordance with English law. Disputes arising in connection with
these terms and conditions shall be subject to the exclusive
jurisdiction of the English courts where the claim is brought by you,
save where you have legal rights to bring any claim in respect of such
a dispute in any other jurisdiction. We nevertheless retain the right
to bring proceedings against you for any threatened or actual breach of
these terms and conditions in your country of residence, registration
or business or any other relevant country.
14.2 We do not warrant that materials, services or information for
sale on the Website are appropriate or available for use outside the
United Kingdom. It is prohibited to access the Website from territories
where its contents are illegal or unlawful. If you access this Website
from locations outside the United Kingdom, you do so at your own risk
and you are responsible for compliance with local laws.
15. MISCELLANEOUS
15.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
15.2 If any provision of these terms and conditions is found by any
court of competent jurisdiction to be invalid, the invalidity of that
provision will not affect the validity of the remaining provisions
which shall continue to have full force and effect.
15.3 No person other than the parties to these terms and
conditions are intended to benefit from them pursuant to the Contracts
(Rights of Third Parties) Act 1999.