terms and conditions
Because we can accept your order and make a legally enforceable agreement without further reference to you, you must read these Terms and Conditions to make sure that they contain all that you want and nothing that you are unhappy with.
Please read all these Terms and Conditions. Because we can accept your order and make a legally enforceable agreement without further reference to you, you must read these Terms and Conditions to make sure that they contain all that you want and nothing that you are unhappy with. Definitions and interpretation
- In these Terms and Conditions, unless the context requires a different interpretation:
- the singular includes the plural and vice versa;
- references to sub-clauses, clauses, schedules, or appendices are to sub-clauses, clauses, schedules, or appendices of these Terms and Conditions;
- a reference to a person includes firms, companies, government entities, trusts and partnerships;
- "including" is understood to mean "including without limitation";
- reference to any statutory provision includes any modification or amendment of it;
- the headings and sub-headings do not form part of these Terms and Conditions.
- In this v03 of our Terms and Conditions, the following definitions are used:
|an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft, or profession;
|the legally binding agreement between you and us for the supply of the Goods;
|a small text file placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website. Details of the cookies used by this Website are set out in the clause below (Cookies);
|Customer or User or you
|any third party that accesses the Website and in connection with the purchase of Goods and is not either (i) employed by DSRVDit and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to DSRVDit;
|collectively all information that you submit to DSRVDit via the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws;
|Data Protection Laws
|any applicable law relating to the processing of personal Data, including but not limited to the GDPR, and any national implementing laws, regulations, and secondary legislation, for as long as the GDPR is effective in the UK;
|the location where the Goods are to be supplied, as set out in the Order;
|DSRVDit or Supplier or we or us
|DSRVDit of PO Box 2215, BN43 9GF;
|paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
|the General Data Protection Regulation (EU) 2016/679;
|the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
|the Customer's purchase of Goods from the Supplier as submitted following the step-by-step process set out on the Website;
|Recipient or User or you
|any third party that receives an order which was sent by the Sender. A Recipient can also be a Sender... but we sincerely hope that will never be the case on the same order;
|Sender or Customer, User or you
|any user of the Website who places an order to send to the Recipient. A Sender can also be a Recipient... but we sincerely hope that will never be the case on the same order;
|UK and EU Cookie Law
|the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 & the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2018;
|the website that you are currently using, www.dsrvdit.com, and any sub-domains of this site unless expressly excluded by their own terms and conditions;
- These Terms and Conditions will apply to the purchase of the Goods by you (the Customeror you). We are trading as DSRVDit of PO Box 2215, BN43 9GF with email address email@example.com; (the Supplier or us or we).
- These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by checking the box alongside ‘I have read and agree to the website terms and conditions’. If you do not agree with the Terms and Conditions or do not check this box, you will not be able to complete your Order. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
- The description of the Goods is as set out on the Website, catalogues, brochures, or other form of advertisement. Any description is for illustrative purposes only and there may be small differences in the Goods supplied.
- In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
- All Goods which appear on the Website are subject to availability.
- We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
Personal information and Registration
- When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
- We may contact you by using e-mail or other communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
- The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason and at any time after the Order is placed, including after the Order has been confirmed. We will try to tell you the reason for the rejection without delay. Reasons for rejection of an Order may include, but is not limited to:
- incomplete order details, including incorrect or incomplete addresses
- the Order is not in keeping with the positive spirit in which we offer the Goods for purchase.
- The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
- A Contract will be formed for the sale of Goods ordered when you receive an email from us confirming the Order (Order confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order confirmation). You will receive the Order confirmation within a reasonable time after completing the Order, but in any event not later than the delivery of any Goods supplied under the Contract.
- No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
- We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you should tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a business.
Price and Payment
- The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
- Prices and charges include VAT at the rate applicable at the time of the Order.
- You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
- any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
- In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can treat the Contract at an end if:
- we have refused to deliver the Goods or
- after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
- If you treat the Contract at an end (due to failed delivery as detailed above), we will promptly return all payments made under the Contract.
- If you were entitled to treat the Contract at an end (due to failed delivery as detailed above), but do not do so within 90 days from when the Contract was entered into, you will have forfeited your right to end the Contract and subsequently any right to reimbursement.
- We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
- If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
- The first valid attempt to deliver Goods at the Delivery Location, whether successful or not, will be used to determine if an Order was delivered on time.
Risk and Title
- Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you. You must therefore, if reasonably practicable, examine the Goods before accepting them.
Withdrawal, returns and cancellation
- You can withdraw or cancel the Order by telling us before the Order is processed, if you simply wish to change your mind and without giving us a reason, and without incurring any liability, unless:
- Personalisation of your Order has already commenced.
- To exercise the right to cancel, you must inform us of your decision to cancel the Contract by a clear statement setting out your decision in writing. You must include sufficient detail which allows us to identify your Order, for example your Order number.
- You can electronically fill in and submit your cancellation using the feedback and contact form on our website www.dsrvdit.com. Or you can email us using firstname.lastname@example.org. We will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (e.g. by email) as soon as is practically possible.
- This is a Distance Contract(as defined below) which has the cancellation rights set out below. These cancellation rights, however, do not apply, to a Contract for the following Goods in the following circumstances:
- Goods that are made to your specifications or are clearly personalised;
- Distance Contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded
- If we accept your notice to cancel the Contract, we will reimburse to you all payments received from you, including the costs of delivery.
- When a Contract is successfully cancelled, we will make the reimbursement without undue delay, and not later than 14 days after the day the cancellation was accepted.
- We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
- We reserve the right to retract or withdraw any offers, at any time, and wholly at our discretion.
- We have a legal duty to supply the Goods in conformity with the Contract and will not have conformed if it does not meet the following obligation.
- Upon delivery, the Goods will:
- be of satisfactory quality;
- be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
- conform to their description.
- It is not a failure to conform if the failure has its origin in you placing the Order incorrectly.
- We will provide the following after-sales service: The Seller will, from time to time, assist the Sender in trying to obtain a postal address where the Recipient can receive the Order.
Successors and our sub-contractors
- Either party can transfer the benefit of this Contract to someone else and will remain liable to the other for its obligations under the Contract.
Circumstances beyond the control of either party
- In the event of any failure by a party because of something beyond its reasonable control:
- the party will advise the other party as soon as reasonably practicable; and
- the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel.
- Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation (GDPR) with regard to your personal information.
- For any enquiries or complaints regarding data privacy, you can e-mail: email@example.com.
- The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g. loss of profit) to the Customer's business, trade, craft, or profession which would not be suffered by a Consumer - because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft, or profession.
Governing law, jurisdiction and complaints
- The Contract (including any non-contractual matters) is governed by the law of England and Wales.
- Disputes can be submitted to the jurisdiction of the courts of England and Walesor, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
- We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs, we urge Customers to get in contact with us, via email in the first instance so that we can log your dispute and try to find a solution. We will aim to respond within 5 working days.