1. These are the only terms and conditions upon which we will contract with you. No alteration or substitution of these terms and conditions shall be valid unless agreed in writing.
2. A contract is formed between us when we confirm in writing that your order has been accepted. Orders will not be accepted until we receive authorisation of your credit card payment or your cheque has been cleared. You may not cancel or vary your order once it has been accepted.
3. Our employees and/or agents are not authorised to make any representations concerning our goods. In entering into the contract you acknowledge that you do not rely on any representations other than those in these terms and conditions.
4. Any typographical, clerical or other error or omission in any of our catalogues, advertisements, website, quotation, price list, acceptance of offer, invoice or other document or information issued by us (sales literature) may be corrected without any liability on our part.
5. No drawings, illustrations or descriptions or any other information submitted or contained in sales literature shall be deemed to form part of the contract but are for general information and guidance only.Availability
6. We reserve the right to withdraw our acceptance of your order if any goods are not readily available to us and to refund in full any payment you have made for them. Other goods ordered by you will be despatched in the normal way.
7. The price of the goods is inclusive of value added tax. Packing, postage and carriage costs shall be as set out within our website, catalogue or advertisement. Carriage costs will be subject to a minimum charge for all orders.
8. Goods will be delivered to the address you provide to us and will normally be despatched within 10 working days of your order being accepted unless we state otherwise. Time for delivery shall not be of the essence and we shall not be liable for any delay in delivery. If we fail to despatch any goods within 30 days of accepting your order (or such other period we have notified to you), we shall refund in full your payment in respect of such goods.
9. If you fail to take delivery of the goods or fail to give us adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond your reasonable control or by reason of our fault) then, without prejudice to any other right or remedy available to us, we may store the goods until actual delivery and charge you for the reasonable costs (including insurance) of storage.
TITLE AND RISK
10. Risk of damage to, or loss of, goods shall pass to you at the time the goods leave our premises for delivery.
YOUR STATUTORY RIGHTS
11. Your statutory rights including but not limited to those contained within the Sale of Goods Act 1979 (as amended) and the Sale and Supply of Goods and Services Act 1994, shall not be affected by the restrictions and limitations set out in these terms and conditions.
YOUR RIGHT TO CANCEL
12. You shall for a period of 7 days following delivery of the goods, have the right to cancel the contract by sending written notice of cancellation to us at the e-mail, fax or postal address set out at the end of these terms and conditions.
13. In the event you cancel the contract under clause12 above:
13.1- you shall be responsible for paying all reasonable costs and expenses incurred in the goods being returned to us; and
13.2- we shall reimburse any sum paid by you for the goods within 30 days of receipt of returned goods.
14. We warrant that, at the time of delivery, the goods will, subject as hereinafter provided, will be free from defects in materials and workmanship and will be of satisfactory quality (within the meaning of the Sale and Supply of Goods Act 1994). There may, however, be minor variations between the goods as shown or described in our sales literature and those despatched to you (the goods despatched will always be of a comparable or superior quality). All products comply with UK statutory requirements, it is the purchasers responsibility to ensure that the use or purchase of the products is legally permitted within their country of residence.
15. Any claim by you that goods fail to correspond with the description in our sales literature or that they are defective or not of satisfactory quality, must be notified to us in writing within 7 days from the date of delivery or, where this was not apparent on reasonable inspection, within 7 days after discovery or 30 days after despatch by us, whichever is the earlier. If you do not notify us accordingly we shall have no liability for such failure or defect.
16. If you make a valid claim under paragraph 15, we shall replace the goods in question free of charge or, at our sole discretion, refund in full the payment made in respect of such goods, but we shall have no further liability for such failure or defect. Such replacement or refund is conditional upon the goods in question having been returned to us.
17. We shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow our instruction (whether oral or in writing), misuse or alteration or repair of the goods without our approval.
18. In no circumstances shall our liability to you exceed the invoice value of the goods.
19. We shall not be liable for situations of force majeure where any failure in the performance of any of our obligations is caused by factors outside our control.
THIRD PARTY RIGHTS
20. In respect to any contract entered into between us, no other party shall have the right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of the contract but this does not effect any right or remedy of a third party which exists or is available apart from that Act.
21. Any communication between us shall be by e-mail, fax or first class post to our current e-mail, fax or postal address as set out at the end of these terms and conditions and to your e-mail, fax or postal address which you may have notified to us.
22. We reserve the right to vary these terms and conditions at any time but the terms and conditions which apply to the contract between us shall be those in force at the time we accept your order.
23. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected thereby.
24. The contract formed by our acceptance of your order shall be governed by the laws of England and you agree to submit to the non-exclusive jurisdiction of the English Courts.
25. The Dezac Group Limited is committed to selling quality products, however, we understand that there may be a genuine reason that you need to exchange or return a product you have purchased. If you are not entirely satisfied with any item, you can return it to us provided it is returned within 28 days from the date of purchase. The product must be unused and in the original packaging together with proof of purchase. This does not affect your statutory rights. Please note: The Dezac Group Limited can only accept the returns of opened items if they are deemed to be faulty. If you require assistance you may contact our Customer Care Team on 01242 702345.
TERMS AND CONDITIONS FOR USE OF WEBSITE
It is a condition of our allowing you free access to the material on this website that you accept these terms and conditions.
The intellectual property rights in all material displayed on this website are owned by The Dezac Group Limited. You may print or download extracts of the materials on this website for your personal use. Any other use of material on this website is strictly forbidden. You may not copy or disseminate printed or downloaded extracts. You will be liable for any damage or harm arising from any infringement of intellectual property rights, whether belonging to us or any other third party, if that damage or harm results from your act, omission or default.
Information is provided "as is" without warranty of any kind, either express or implied including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement. All such warranties are excluded to the fullest extent permitted by law. Information may be incomplete, out of date or inaccurate and may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice.
LINKS TO OTHER WEBSITES
We make no representations whatsoever about any other website which you may access through this one. When you access a website which does not belong to us, please understand that it is independent from us, and that we have no control over the contents of that website. In addition, a link to a non-Dezac website does not mean that we endorse or accept any responsibility for the content, or the use, of such website.
LIMITATION ON LIABILITY
In no event will we be liable to any party for any direct, indirect, special or other consequential damages for any use of this website or on any other hyper-linked website or arising in contract tort or otherwise including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if we are expressly advised of the possibility of such damages.
We provide the services "as is" and "as available" and without any warranty or condition, express or implied. Without prejudice to the generality of the foregoing, we do not warrant that the website will operate without interruptions, be timely, secure or error-free and shall not be liable for any loss or damage arising from the unavailability of the website from time to time or from your inability to use the website.
CREDIT CARD SECURITY
We shall make reasonable endeavours to ensure that your credit card information is encrypted to a degree which is even more secure than the level of encryption specified for the set (Standard Electronic Transaction) protocol and which is more secure than standard browser SSL security. However, the security of any such information cannot be guaranteed and, save where losses are directly attributable to an act or default by us, we shall not be liable for any losses suffered by you in consequence of your transmitting such information electronically through this website.