PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND CONDITIONS AND YOUR ORDER FOR FUTURE REFERENCE.
This page states the Terms and Conditions (the "terms") under which you may use the website located at www.dalvey.com (the "website") and which govern our supply of goods to you. Grants of Dalvey Limited, registered SC99662, referred to hereinafter as "we", "us" or "our" in these Terms, may alter these Terms at any time by updating this posting. You should visit this page often to review the Terms and Conditions because they are binding on you. Continued use of the website constitutes your agreement to all such revised terms. If you do not accept the Terms and Conditions stated here, you will not be able to submit your order. The terms "you", "your", "yourself" and "yours", when used in these Terms, includes any user of the website, whether such user is an end user or a business. All prices quoted are in either Great British Pounds (GBP) Sterling (£), Euros (€) or United States (USD) Dollars ($).
1. Formation of the Contract
On placing an order for goods, no contract will exist between you and us for the sale of any goods until you have received confirmation that your order has been dispatched. Once you receive confirmation that your order has been dispatched, there will be a binding legal contract in place between the parties (the "contract"). Any goods on the same order which are not confirmed as having been dispatched do not form part of that contract. In using this website and by placing an order, you confirm that you are legally capable of entering into a binding contract and that you are at least 18 years old.
2. Description and price of the goods
The description and price of the goods you order will be as shown on this website at the time you submit your order. Up until you click on “SUBMIT” on the final page of the ordering process you can correct any errors to your order. All sizes and measurements are approximate but we try to ensure that they are as accurate as possible. We may change product specifications slightly, and if this is the case we will offer you a reasonable substitute of the same or better quality at the same price. On the rare occasion that there is an error, we will advise you about it within a reasonable amount of time. We have created this Web Site to promote, sell and distribute our products. Our products are displayed in images on this Web Site to best communicate their physical form, function, colour and purpose. Many of our products are made with natural materials (e.g. leathers, precious stones, silk). These have been photographed to create the truest representation to you. We do not take responsibility for any mis-communication through no fault of our own. We can not guarantee that your monitor or viewing device will be calibrated to display the truest representation of our products. We can therefore not accept refunds due to changes in natural products (e.g. stones in cufflinks or grain in leather) or miss-representation of a colour (e.g. the colour of a tie). This does not effect your right of cancellation. Goods are subject to availability. If on receipt of your order the goods are out of stock, we will inform you within a reasonable amount of time and you are free to cancel your order. If you wish to cancel your order we will refund or credit you for any sum that has been paid by you or debited from your credit card or other account for those goods. From time to time there may be restrictions in place in relation to the number and type of goods that can be purchased and the maximum amount which may be spent on any one order. Any such restrictions will be shown on this website. Every effort is made to ensure that prices shown on this website are accurate at the time you place your order. If an error is found, we will inform you within a reasonable amount of time and offer you the option of reconfirming your order at the correct price or cancelling your order with a full refund or credit. Delivery costs are not included in the price of goods shown on this website. Details of delivery charges are given at the checkout stage, and in Section 4 below. Goods and promotions offered on this website may not necessarily be available in store and vice versa. Offers are only available subject to their specific terms and conditions which will be shown on this website.
Payment for goods and delivery charges can be made by any method shown on the website when placing your order. Credit and debit cards will be authorised against the transaction when you submit your order.
4.1 The goods you order will be delivered to the address you give when you place your order, subject to payment of the relevant delivery charge. If we do not deliver to a particular destination you will be so notified by us as soon as possible on receipt of your order.
We aim to dispatch all deliveries within 3 working days (Monday - Friday (but excluding bank or public holidays in Scotland, England and Wales)) or as soon as possible thereafter subject to the goods being in stock. If, in the unlikely event, that we can not fulfil your order within 28 days you have the option to cancel your order.
4.2 UK DELIVERY ADDRESS: All standard deliveries of goods will be sent via Royal Mail to addresses within the UK. These items will not need to be signed for upon delivery. The cost of our standard delivery is £4.50. All customers within the UK have the opportunity to choose "Royalmail Special delivery" where upon delivery of the goods a signature is required. The cost of our Royalmail special delivery is £9.00. All customers within the UK also have the opportunity to choose "Courier Delivery" for goods ordered. These goods will be delivered via the courier DHL or TNT etc... a signature will be taken at the delivery address. This cost of this delivery option is £12.00 (GBP).
4.3 NON UK DELIVERY ADDRESS:
Customers with delivery addresses out-with the UK will have 2 options for delivery:
4.3.1 1. Standard Airmail deliveries of goods will be sent via Royal Mail. These Items will not need to be signed for upon delivery. The cost of our standard delivery is:
a. Europe: £12
(Belgium, Bulgaria, Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Italy, Latvia, Luxembourg, Malta, Netherlands, Poland, Portugal, Republic of Ireland, Romania, Serbia, Slovak Republic, Slovenia, Spain and Sweden).
b. ROW: £15
c. Australia & New Zealand: £17.50
4.3.2 2. International Signed For™ the cost of this method of delivery is:
a. Europe: £17
(Austria, Belgium, Bulgaria, Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Italy, Latvia, Luxembourg, Malta, Netherlands, Poland, Portugal, Republic of Ireland, Romania, Serbia, Slovak Republic, Slovenia, Spain and Sweden).
b. ROW: £20
c. Australia & New Zealand: £25
4.3.3 International Signed For™ items can be tracked up to the point they leave the UK and in some cases on arrival in the destination country. You can check the progress of your item by using Track & Trace. When your goods reach your destination country they are handed over to the local postal service for delivery through their regular registered service. A signature will be taken at your delivery address which means the goods are not left unattended or posted through a letter box. Please note that we cannot routinely provide a copy of this signature. If no-one is available to sign for the item, then it will be retained by the postal administration for a subsequent delivery attempt or collection by the addressee. In the case of loss of an item we will request proof of posting from the other postal administration but this cannot always be provided.
4.3.4 All customers out-with the UK can also request "Courier Quotation" for goods ordered. In this instance you will be contacted by us with the price to deliver the goods. These goods will be delivered via the courier DHL or TNT. A signature will be taken at the delivery address.
4.4 We will not be liable for any loss or damage suffered by you due to any additional specific delivery instructions other than the above, given by you. If there is no one at the address given who can accept delivery of the goods, the postman or courier should notify you of an alternative delivery date, an alternative place to collect the goods, or details of how to arrange an alternative delivery date. Every effort will be made to deliver the goods as soon as possible after your order has been accepted by us and in any event within 30 days of your order.
4.5 Customs & Import Duties
Please be advised that orders outside the UK and EU may be subject to import duties and local taxes which are levied when the delivery reaches the specified destination. Please note that DALVEY have no control over these charges and cannot predict their amount. 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.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
4.6 Personalised Orders
When an order includes a personalised item (e.g. engraving or monogramming options have been selected) it is still our aim to dispatch the order within 3 working days. Due, however, to the nature of the processes involved, seasonality and other factors we can not always guarantee that this will be the case. Please refer to sections 4.1 and 5 of the terms and conditions for further information.
5. Your right of cancellation
You have the right to cancel the contract at any time up to the end of fourteen working days after you receive your goods. A working day is any day other than weekends and bank or other public holidays. You lose your rights of cancellation if goods ordered have been personalised. This is only relevant to specific personalised goods and not an entire order. To exercise your right of cancellation, you must give written notice to us by hand, post, fax or email, at the address, fax number or email address shown in the "contact us" pages of this website, giving details of the goods ordered and (where appropriate) their delivery. You may also use the cancellation form, but it is not obligatory. If you exercise your right of cancellation after the goods have been delivered, you will be responsible for returning the goods to us at your own cost (unless we delivered the goods in error or if the goods are damaged or defective when delivered). The goods must be returned to the address shown in the "contact us" pages of this website within 14 days of your receipt of those goods. You must take all reasonable care to ensure that the goods are not damaged in the meantime or in transit. Once you have notified us that you are cancelling the contract, and provided that the goods are received by us in an acceptable condition, we will refund or credit you within 14 days for any sum that has been paid by you or debited from your credit card or other account for those items.
If you wish to obtain a refund, the goods must be returned to the address given in the "contact us" pages of this website within 14 days of your receipt of those goods, and in the same condition in which they were sent to you. You will be liable for paying the postage charge for returning non-faulty items. We will usually refund any money received from you using the same method originally used to pay for your purchase. If the goods were paid for using a card which has since been cancelled or expired, a cheque will be sent to your billing address. Only the cost of the standard delivery option is refundable unless we have sent you an incorrect item. If we are making a refund, we will usually do so as soon as possible and, in any case, within 14 days of the day on which we received the returned goods in question from you. If you wish to obtain a refund because of a defect in the goods, you will be refunded in full provided we are satisfied that the defect is genuine and that we cannot replace the goods within a reasonable period of time. Due to safety and hygiene reasons, we cannot process refunds of goods where security seals put in place by us have been broken or opened (e.g. Fragrance) unless the goods are defective.
7. Risk and Title
You will become the owner of your ordered goods and responsible for risk of loss of or damage to them from the time of delivery.
If you receive any goods from us that are damaged, defective or incorrect you should notify us immediately in writing at the address, fax number or email address shown in the "contact us" pages of this website. If you return the damaged, defective or incorrect item to us within a reasonable time, we will provide you with a replacement, free of charge. This does not affect your statutory rights. This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use other than recommended by us, or failure to follow our instructions.
9. Your information (Data Protection)
All content including pictures, designs, logos, photographs, text written and other materials on this website are owned, controlled or licensed to us. They are protected by copyright, trademarks and other intellectual property rights. Unauthorised use of this content is prohibited.
These terms only cover this website. Any links within this website are for convenience only. We accept no responsibility or liability for the content of websites which are not under our control. You use such other websites at your own risk.
13. Limitation of Liability
13.1 The terms and this clause 13 do not affect your statutory rights if you are acting as an end user when purchasing the goods.
13.2 We shall not be liable to you in contract, tort (including without limitation negligence) and/or breach of statutory duty for any loss or damage which you may suffer by reason of any act, omission, neglect or default (including negligence) in the performance of this contract by us, or our agents, in a sum which is greater that the total price of the contract.
13.3 Nothing in these terms shall operate so as to:
• exclude either party's non-excludable liability in respect of death or personal injury caused by its negligence or the negligence of its servants or agents; or
• affect your statutory rights where goods are sold to you and you are dealing as a consumer within the meaning of the Unfair Contract Terms Act; or
• exclude the application of Section 12 of the Sale of Goods Act 1979; or
• exclude liability for fraudulent misrepresentation.
13.4 We will not be held responsible for any delay or failure to comply with the obligations under these terms if the delay or failure arises from any cause which is beyond our reasonable control.
13.5 We do not guarantee that the website will operate error-free, nor that the website and its server are free of computer viruses. If your use of the website results in the need for servicing or replacing equipment or data, we are not responsible for those costs.
13.6 Save as set out in these terms, we, to the fullest extent permitted by law, exclude all warranties, conditions and implied terms, including the warranty of satisfactory quality, non-infringement of third parties' rights, and the warranty of fitness for particular purpose.
14. Applicable law
The construction, validity and performance of these terms shall be governed in all respects by the laws of Scotland. Any dispute arising under these terms shall be subject to the exclusive jurisdiction of the Court of Session in Edinburgh, the Sheriff Court in Edinburgh and the Sheriff Court in Inverness and the parties waive any objection to proceedings in such courts on the grounds of venue or on the grounds that proceedings have been brought in an inappropriate forum.
For the avoidance of doubt, nothing in these terms shall confer on any third party any benefit or right to enforce any provision of these terms. The rights and remedies of each party in respect of these terms shall not be diminished, waived or extinguished by the granting of any indulgence, forbearance or extension of time by one party to the other nor by any failure of or delay by a party in ascertaining or exercising any such rights or remedies. The provisions of these terms are severable and distinct from one another, and, if at any time any of the provisions is or becomes invalid, illegal or unenforceable, the validity, legality or enforceability of the other provisions shall not in any way be affected or impaired.
In the unlikely event that you are unhappy with our goods or with our service to you, please refer complaints to:email@example.com
17. Privacy Statement
Data Protection Officer,
18 Materials on this Web Site
We have created this Web Site to provide information about us and our products for your personal use. You may download one computer copy or print one copy of the material on this Web Site for your own non-commercial, educational, private or domestic use only, provided that proprietary notices, in particular intellectual property notices such as copyright©, trademark™ are preserved intact and are neither modified, nor deleted nor changed. Unless otherwise stated, you should assume that everything seen or read on the Web Site (such as images, photographs, including any person represented in the photographs, illustrations, icons, texts, video clips, written and other materials) (“our Material”) are protected by legislation such as copyright, designs and trademark legislation and under international treaty provisions and national laws worldwide. You are not authorised to sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on, or use any of our Material in any way for any public or commercial purpose. Furthermore, our Material may not be displayed or communicated on any other web site, in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these Terms, Users’ permission to use our Material will automatically terminate and any copies made of our Material must be immediately destroyed. Any unauthorised use of our Material may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. We do not authorise linking to its Web Site from a third party web site without its prior written authorisation.
19. Information on the Waste Electrical and Electronic Equipment Directive (WEEE Directive)
19.1 The production of electrical and electronic equipment is one of the fastest growing domains of manufacturing in the western world, and with broad consumer take-up of products in this area, there is also a mounting issue of waste. In June 2000, the European Commission put forward proposals to address this issue, and in December 2002 these were passed as the EU Waste Electronic and Electrical Equipment (WEEE) Directive.
19.2 For the UK, the WEEE Regulations were laid before Parliament on December 12, 2006. The main requirements and obligations on producers and distributors of Electronic and Electrical Equipment (EEE) came into effect from July 1, 2007. All manufacturers (or anyone else selling a product on the market in the EU) are liable to pay for take-back, treatment and recycling of end-of-life equipment. Improve re-use/recycling of WEEE. Ensure the separate collection of WEEE. Inform the public about their role in dealing with WEEE.
19.3 The WEEE Directive divides Electronic and Electrical Equipment into ten categories:
Category 1 - Large household appliances (fridges, cookers, microwaves, washing machines, etc.)
Category 2 - Small household appliances (vacuum cleaners, clocks, toasters, etc.)
Category 3 - IT and Telecommunications equipment (PCs, mainframes, printers, copiers, phones, etc.)
Category 4 - Consumer equipment (radios, hi-fi, musical instruments, videos, camcorders, etc.)
Category 5 - Lighting equipment (fluorescent tubes and holders, sodium lamps, etc.)
Category 6 - Electrical and electronic tools (drills, sewing machines, electric lawnmowers, etc.)
Category 7 - Toys, leisure and sports equipment (electric trains, games consoles, exercise machines, etc.)
Category 8 - Medical devices (analysers, dialysis machines, medical freezers, etc.)
Category 9 - Monitoring and control equipment (smoke detectors, thermostats, scales, etc.)
Category 10 - Automatic dispensers (hot drinks machines, sweet and chocolate bar dispensers, cash machines, etc.)
19.5 DCF (Designated Collection Facility):
A public amenity site licensed to collect, separate and recycle WEEE for collection by a licensed producer compliance scheme. DTS (Distributor Take-back Scheme): The WEEE compliance scheme for retailers, approved by the Department for Trade and Industry EEE (Electronic and Electrical Equipment) WEEE (Waste Electronic and Electrical Equipment): All end-of-life equipment falling under the WEEE directive (for the specific categories see section above).
19.6 All Electronic and Electrical Equipment (EEE) placed onto the market from January 2, 2007 must be marked with this symbol to indicate that it is covered by the WEEE Directive, the provisions of which require that producers or manufacturers of EEE become liable to pay for take-back treatment and recycling of end of life equipment (WEEE): If you bought your new goods in store; Simply bring your like-for-like item into our store at the address below e.g. if you buy a new clock from us, you may return your old clock to us. Hand it over to the counter staff advising that you want to use the 'take-back' service. Show your receipt of purchase for your new item (remember that you can only return old items within 28 days of purchasing the new one!) If you bought your new goods online; Simply package up your like-for-like item e.g. if you buy a new clock from us, you may return your old clock to us. Put in the post to the following address;
WEEE Take Back Scheme, Dalvey, Freepost 1032, Alness, Highland, IV17 0BR SCOTLAND Send in a copy of your receipt of purchase for your new item (remember you can only return old items within 28 days of purchasing the new one!) and a copy of your proof of postage to;
WEEE Take Back Scheme, Customer Services, Freepost 1032, Dalvey, Alness, Highland, IV17 0BR SCOTLAND
Customer services will then refund the postage using the method of payment you used to purchase your new item.
19.7 If your old piece of electronic equipment is still in a good working condition or could be repaired for further use, please consider donating it to a charitable organisation or by giving it to someone else in need. By extending the lifetime of your old equipment you are also contributing to the efficient use of resources and avoiding additional waste. Please note that from July 1, 2007, it will be possible for you to dispose of your WEEE and ensure that it is recycled. EEE may contain hazardous substances which, if exposed, may have a serious detrimental effect on the environment and human health. That is why all WEEE that you volunteer for recycling will be specifically collected and treated by designated local waste facility centres and by licensed WEEE compliance schemes. By ensuring that you dispose off your old electrical and electronic equipment according to the new WEEE legislation you are helping to preserve our natural resources and protect human health.
Telephone: +44 (0) 1349 884111
Fax: +44 (0) 1349 884100
Post: Dalvey, Alness, Highland, Scotland, IV17 0XT