Terms and conditions for the supply of goods through a website—business to consumer
1 The contract between us
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us. On receipt of our e-mail accepting your order and giving you an order number and payment confirmation constitutes our acceptance of your order.
2 Price
2.1 The prices payable for goods that you order are as set out in our website.
2.2 You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website.
What is the DSUK return policy online and at events?
Online Returns Policy
3 Right for you to cancel your contract and Returns Policy
3.1 You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date of delivery of the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty (‘delivery’ means the date when they are delivered to you)
3.2 You must return the goods within fourteen days of the date of delivery
3.3 To cancel your contract you must notify us in writing to our registered office by fax to 01273 858465 or by e-mail.
3.4 If you have received the goods before you cancel your contract you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
3.5 Once you have notified us that you are cancelling your contract, and provided you have compiled with the above conditions you may EITHER:
(a) Request a refund of the amount you paid and we will send this to you within 30 days of receiving your written request. If we have to arrange for collection because you have not returned the goods to us we will deduct the cost of collection from your refund and you must provide us with a date and time for collection by notice in writing, by fax or by e-mail, OR:
(b) Provided such notification is made within 7 days of delivery of the goods to you to our email you may purchase alternative goods from us of the same value as those originally purchased,
PROVIDED THAT:
a. the goods in question are returned by you and received by us in the condition they were in when delivered to you within 28 days of the date you inform us of the cancellation
b. you pay for the costs of returning them to us
c. you have attached the relevant code number attached to the goods (see our delivery note which is boxed with the goods)
d. you notify us of your choice of alternative goods by email
If you do not comply with the terms of this clause we cannot accept the goods back and cannot exchange them and we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
Please note that we cannot accept cancellation of the exchanged goods once ordered (i.e. a second cancellation).
Returns Policy at our events
Returns policy for our London sales, ‘The purchase of all items at DSUK are deemed to be made between the designer and customer. Designer Sale UK are operating as agents.. Refunds & Exchanges can be offered if goods are found to be damaged or faulty and not marked as such on garment swing ticket. We regret that refunds & exchanges cannot be offered on non-faulty goods. Any discrepancies regarding faulty or damaged stock will be referred back to the designer. Please inspect all goods prior to purchase. All items are sold as seen.
4 Cancellation by us
4.1 We reserve the right to cancel the contract between us if:
4.1.1 we have insufficient stock to deliver the goods you have ordered as due to the nature of sample sales stock is sold quickly and not only via this website;
4.1.2 we do not deliver to your area; or
4.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers
4.2 If we do cancel your contract we will notify you by e-mail re-credit your credit/debit card with the full amount.
5 Delivery of goods to you
5.1 We will despatch the goods ordered by you to the address you give us for delivery at the time you make your order
5.2 Despatch will be made as soon as possible after your order is accepted and in any event within 14 days of your order
5.3 You will become the owner of the goods you have ordered when they have been despatched to you. Once goods have been despatched to you they will be at your own risk and we will not be liable for their loss, destruction or damage thereto
5.4 We are only obliged to arrange for shipment of the goods to you when we receive your payment for the goods and our shipping charges. Details of our shipping policies are shown below. Some services we use permit net based tracking of the goods in transit but we accept no liability whatsoever for such services which are provided at the discretion of and under the control, terms and conditions of the carrier
5.5 Where our shipping policies state that insurance cover is available to you at additional cost by the carrier at www.ups.com, you must provide all such information as the carrier and the insurer may require promptly and in accordance with the carrier’s and the insurer’s requirements. If you do not comply with such information promptly as may be required the carrier and the insurer (as appropriate) reserve the right to refuse to make any payment under the policy
5.6 We will not be liable for any delay which results from a delay in clearing your payment through your credit card company and until such payment is cleared our responsibilities under these terms and conditions will not begin
5.7 Whilst precautions are taken to keep your credit card and other personal details secure, we will not be liable for any unauthorised accessing, manipulation, damage or destruction of such data we hold on your behalf to the fullest extent of the law
6 Liability
6.1 If the goods we despatch 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 or by e-mail of the problem within seven working days of the despatch of the goods in question. Please see our ‘returns’ procedures on this page.
6.2 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.
If you notify a problem to us under this condition, our only obligation will be, at your option:
6.2.1 to make good any shortage or non-delivery;
6.2.2 to replace or repair any goods that are damaged or defective; or
6.2.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.
6.3 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.
6.4 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.
6.5 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.
7 Notices
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Unit A, The Round Barn, Gibraltar Farm, Wick Street, Firle, BN8 6NB, United Kingdom and all notices from us to you will be displayed on our website from to time.
Where we indicate that you can contact us by e-mail comments please go to the ‘Contact Us‘ page on the on-line shopping site
8 Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
9 Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
10 Privacy
You acknowledge and agree to be bound by the terms of our privacy policy.
11 Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
12 Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
13 Entire agreement
These terms and conditions, together with our current website policies, prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
Shipping
SHIPPING/COURIER COSTS & POLICIES (please read these policies in conjunction with our Terms and Conditions of Business above.
1. We are not obliged to ship any goods until all our charges for the goods and shipping are paid.
2. Please allow at least 14 days for despatch of your goods from the date we send you acceptance of the order, clearance of funds, checking of personal details and any other verification procedures we consider appropriate
3. All orders are subject to availability of stock. If the item is no longer in stock we will refund your payment
4. We reserve the right to insist that the goods are delivered to address shown as your delivery address in the order or such other information given to us or obtained by us.
5. If we are unable to obtain acceptance of the goods or for some other reason we are unable to deliver the goods we reserve the right to suspend delivery until payment of any surcharge which the carrier may require has been made
6. Shipping costs are based on the charges made by the carrier
7. Once you have ordered online from us you will receive an email confirming that we have received your order. If we accept your order we will send you another e-mail confirming this, giving you an order number and providing a live link directly to our shipping agents tracking page to enable you to track the progress of your delivery.
8. Return of Goods
If you cancel your contract in accordance with our Terms and Conditions of Business above (see clause 3):
a. The goods must be returned in the same condition in which we sent them. We reserve the right to refuse to accept worn or damaged goods or make a refund for them
b. We are not responsible for any costs incurred by you in returning the goods to us and you will be responsible for all customs duties and other taxes which may be payable or refundable
c. We will issue you a credit note for the full amount of the goods. You will be responsible for the delivery charges.
9. COST
For details of the actual cost of shipping please see the price shown for your shopping basket when full. Please note that you will be able to remove items from the basket or cancel it entirely before you commit yourself to paying.
We should like to remind you that risk passes to you when our courier (UPS) collects your goods from us for delivery. You may want to insure shipping of your order and if you would like to do this please go to www.ups.com.
In addition to our charges for the goods and delivery, customs duties and other taxes may be payable. The carrier will collect these taxes from you at delivery. You are responsible for paying all such taxes and duty in any event and you agree to indemnify us in respect of all such liability.
