Terms and Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.duffylondon.com (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
1. INFORMATION ABOUT US
We operate the website www.duffylondon.com. We are Duffy London Ltd, a company registered in England and Wales under company number 08815404 and with our registered office at 43 Bridge Road, Grays, Essex, RM17 6BU. Our main trading address is The Old Public Library Woodward road Dagenham RM9 4SP. Our VAT number is 180 3647 10.
2. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
2.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
2.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
3. CONSUMER RIGHTS
3.1 If you are contracting as a consumer, you may cancel a Contract at any time within fourteen days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 7 below).
3.2 To cancel a Contract, you must inform us in writing. You must also return the Products to us as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
3.3 You will not have any right to a refund or to cancel a Contract for the supply of any of the following Products:
- Made to order products;
– Custom products.
3.4 We strongly recommend that clients visit and inspect their custom made or made to order goods/ products in person before the balance of payments are made, or goods shipped/ collected, if the customer chooses not to do so this is entirely at their own risk, the balance of payment will be confirmation that the client has signed off the goods/ products as ordered and specified.
3.5 This provision does not affect your other statutory rights as a consumer.
4. AVAILABILITY AND DELIVERY
4.1 You agree by accepting these terms and conditions of sale that your order will be fulfilled within the lead times set out in the Dispatch Confirmation or, if no lead time is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
4.2 We will deliver the Product to your door. We may offer to take Product past your front door/gate and install the Product. If we do so this will be at your own risk and our liability for any damage shall be limited in accordance with the below terms of these terms and conditions. The products will be at your risk from the time of delivery and our liability for installing the Products at your premise will be limited in accordance with the below terms of these terms and conditions.
5. RISK AND TITLE
5.1 The Products will be at your risk from the time of delivery.
5.2 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.
5.3 Please note wood, metals, fabrics, resin, acrylics or other materials used in the manufacture of our products may be temperature sensitive.
5.4 It is the customer's responsibility to ensure that products are correctly stored in a temperature-controlled room or environment. Products that have been incorrectly exposed to extreme temperatures may expand, contract or warp. We do not accept liability for temperature, water, or liquid damage or other substances spilled onto the product or any form of accidental damage to the product whatsoever.
5.5 WARNING: If the product is not installed professionally and correctly with due diligence and care, then Duffy London does not accept any responsibility for any damage to property or injury to any person howsoever caused. If you require any advice on installation, please contact us prior to installation as failure to do so may invalidate your warranty.
6. PRICE AND PAYMENT
6.1 The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
6.2 Product prices exclude VAT.
6.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
6.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
6.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as an error.
6.6 Payment for all Products must be by credit or debit card. We will not charge your credit or debit card until we dispatch your order.
7. OUR REFUND POLICY
7.1 If you return a Product to us:
(a) because you have canceled the Contract between us within the 14-day cooling-off period (see clause 3.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us.
(b) for any other reason (for instance, because have notified us in accordance with clause 11 that you consider that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
7.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
8. OUR LIABILITY
8.1 Subject to clause 8.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products.
8.2 Subject to clause 8.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time.
However, this clause 8.2 will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 8.2.
8.4 WARNING: If the product is not installed professionally and correctly with due diligence and care, then Duffy London does not accept any responsibility for any damage to property or injury to any person howsoever caused. If you require any advice on installation, please contact us prior to installation as failure to do so may invalidate your warranty.
9. IMPORT DUTY
9.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
9.2 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.
10. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Duffy London Ltd [email protected] We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 10 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
12. INTELLECTUAL PROPERTY
We are the owner or the licensee of all intellectual property rights in our website, and, save for our users content (where we are licensee), in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy and may download extracts of any page(s) from our website for your personal reference and you may draw the attention of others within your organization to material posted on our website. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our website must always be acknowledged. You must not use any part of the materials on our website for commercial purposes without obtaining a license to do so from us or our licencors.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
14. ENTIRE AGREEMENT
14.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
14.2 We each acknowledge that, in entering into a Contract, neither of nus relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
14.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
14.4 Nothing in this clause limits or excludes any liability for fraud.
15. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time.
16. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
1. INFORMATION WE MAY COLLECT FROM YOU
1.1 We may collect and process the following data about you:
(a) Information that you provide by filling in forms on our site www.duffylondon.com (our site). This includes information provided by you when ordering a product from our site, subscribing to our mailing list or contacting us from an online form on our site.
(b) If you contact us, we may keep a record of that correspondence.
(c) Details of transactions you carry out through our site and of the fulfillment of your orders.
(d) Details of your visits to our site and the resources that you access.
2. IP ADDRESSES
2.1 We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
3.1 For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on your browser or the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our site and to deliver a better and more personalized service. Some of the cookies we use are essential for the site to operate.
3.2 Option 1: Browse-wrap consent
3.4 Option 2: Click-wrap consent
3.6 Except for essential cookies, all cookies will expire.
4. WHERE WE STORE YOUR PERSONAL DATA
4.2 All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
4.3 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
5. USES MADE OF THE INFORMATION
5.1 We use information held about you in the following ways:
(a) To ensure that content from our site is presented in the most effective manner for you and for your computer.
(b) To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
(c) To carry out our obligations arising from any contracts entered into between you and us.
(d) To allow you to participate in interactive features of our service, when you choose to do so.
(e) To notify you about changes to our service.
5.2 If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you.
5.3 If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data (the registration form).
6. DISCLOSURE OF YOUR INFORMATION
6.1 We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
6.2 We may disclose your personal information to third parties:
(a) In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
(b) If Duffy London Ltd or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
(c) If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions and other agreements; or to protect the rights, property, or safety of Duffy London Ltd , our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
7. YOUR RIGHTS
7.1 You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at [email protected]
8. ACCESS TO INFORMATION
8.1 The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.