Terms and Conditions
In this document the following words shall have the following meanings:
‘Buyer’ means the person who buys Goods from the Seller;
‘Consumer’ shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
‘Goods’ means the articles that the Buyer agrees to buy from the Seller;
‘List Price’ means the list of prices of the Goods maintained by the Seller as amended from time to time;
‘Seller’ means Dye Hard UK of Rushwick Manor Barn, Worcester WR2 5TD ‘Terms and Conditions’ means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Seller.
Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
3. Price and Payment
The price of the goods shall be that stipulated in the Seller’s current List Price on the Seller’s website at the date of the order or as agreed between the parties. The price is exclusive of VAT and exclusive of any delivery charges.
Payment of the total purchase price including VAT and delivery charges must be made in full before dispatch of the Goods.
A contract will not be made if there is any legal reason why this is not possible e.g. attempted fraud. The information provided by the Buyer will be subject to credit and fraud prevention checks. All Goods are subject to availability.
4. Clearance and Promotion
Clearance products and promotions are subject to availability and are not an indication of availability. Offers may be changed or withdrawn without notice by the Seller. The Seller reserves the right to cancel a promotion / reject redemption of a promotional code when stock runs out or when the total value of the promotional codes already exceeds a certain financial value.
All Goods, wherever possible, will be delivered within 5-28 days of the order being placed and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. The Seller reserves the right to make a charge for any further delivery attempts if the Buyer is not available to receive delivery of the Goods. An additional administrative charge of £9.95 will be made on additional delivery addresses.
The Seller shall use its reasonable endeavours to meet any date stated for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
Some Goods may not be in stock at the time the order is placed. In the event that the Seller is unable to deliver the Goods within the time specified herein the Seller will contact the Buyer by email to advise of the situation and provide a revised estimated delivery time. The Buyer must respond by email within 2 days of the Sellers email to confirm acceptance of the revised delivery date. If no such confirmation is received the Seller shall assume that the order is no longer required and it shall be cancelled and a full refund given to the Buyer.
Delivery is to the
Postage and packaging charges are per delivery address. The Seller will add an administration charge of £4.95 for each additional delivery address.
Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
6. Price Policy
Every item is described as accurately as possible and represents excellent value for money. The correct price is that which is displayed on this website, at the time that the Seller receives your application, save in the case of a mistake where a pricing error is discovered or for reasons beyond our reasonable control, e.g. alterations to the rate of value added tax. The correct price will be confirmed to the Buyer in the Order Acknowledgement Letter which will be emailed to the Buyer immediately after the Seller accepts the order. If the correct price is higher than the price displayed on the website, the Buyer may return the goods within 14 days, in new condition.
The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller.
8. Cancellation and Returns
Save for Personalised Goods or Special Order Goods (which cannot be returned or exchanged unless faulty), the following returns policy applies.
The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 24 hours of delivery if the Goods are damaged or do not comply with any of the Contract.
Where a claim of defect or damage is made then the Goods shall be returned by the Buyer to the Seller within 7 days of delivery and the Buyer shall be entitled to replacement Goods or a full refund plus any return postal charges if the Goods are in fact defective.
Goods to be returned must clearly show the order number obtained from the Seller on the package.
Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.
The Buyer has the right, in addition to any other rights, under the Consumer Protection (Distance Seller) Regulations 2000 to cancel the Goods and receive an exchange or refund by informing the Seller in writing or by email within 7 working days of receipt of the Goods. Goods must be returned at the Buyer’s cost and should be unused, adequately packaged and insured during the return journey. The Buyer shall receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges within 30 days of cancellation.
The Seller cannot be held responsible for non-delivery of returned Goods and it is recommended therefore that the Buyer obtain proof of posting. All Goods should be returned with the original packaging if possible along with a receipt or other valid proof of purchase.
9. Limitation of Liability
Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury, however the Seller shall not be liable for any direct loss or damage suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Goods.
The Seller shall not be liable under any circumstances to the Buyer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Buyer however caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
10. Force Majeure
Neither party shall be liable for any delay or failure to perform any of its obligation if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
12. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the law of