Dellonda Limited Terms & Conditions
This page (together with the documents referred to) sets out the Terms and Conditions on which we supply any of the products (Products) listed on our website www.dellonda.co.uk (Our Site) to you. Before ordering any Products from our site please read these carefully. By ordering any of our Products, you agree to be bound by these Terms and Conditions. You may wish to print or save a copy of these terms and conditions for your future reference.
- About Dellonda
www.dellonda.co.uk is a site operated by Dellonda Limited (We, Us, Our) registered in England and Wales company No. 11755827 and with our registered office at 820 The Crescent, Colchester Business Park, Colchester, Essex, England, CO4 9YQ, UK. Our main trading address is Kempson Way, Bury St Edmunds, IP32 7AR, UK.
- Your Status when placing an order
By placing an order with us, you warrant that:
(a) You are at least 18 years old; and
(b) You are legally able and capable of entering into binding contracts; and
(c) You are resident in United Kingdom; and
(d) You are accessing our site from the United Kingdom.
- Geographical Availability
Our site is only intended for use by consumers and businesses resident in the United Kingdom. We cannot accept orders from individuals or businesses outside of the United Kingdom and Ireland.
- The forming of the Contract between you and us
5.1 You will be guided through the steps on Our Site on how to place an order with us. The process enables you to check and amend any errors before submitting your order. Please check your order carefully before confirming it, as once confirmed your order constitutes an offer from you to buy the Product(s) from us.
5.2 After placing an order, an acknowledgment that we have received your order will be sent to you by e-mail. This does not mean that your order has been accepted. All orders are subject to acceptance by us. You will be notified such acceptance of your order by us sending you an e-mail that confirms that the Product(s) has been despatched (the Despatch Confirmation). In the event that your order is not accepted by us then we will advise you by e-mail. The Contract between you and us will only be formed when we send you the Despatch Confirmation.
5.3 Only those Products which are despatched and have been confirmed in the Despatch Confirmation will be part of the Contract. We will not be obliged to supply any other Products which may have been part of your order until the despatch of such Products has been confirmed in a separate Despatch Confirmation.
- Consumer Customers
6.1 If you are a consumer, you may cancel a Contract at any time between the date of the Despatch Confirmation and the end of the cancellation period, which is 14 days from the day after you received the Products. Following such cancellation, and if you return the Products in accordance with our refunds policy (set out in clause 11 below), you will receive a full refund of the price paid for the Products.
6.2 To cancel a Contract, you must inform us in writing with the details of your order via our e-mail address firstname.lastname@example.org or by post to Dellonda Ltd., Kempson Way, Bury St Edmunds, Suffolk, IP32 7AR.
6.3 If you have cancelled the Contract within the cancellation period and you have received the Product, then you must return them to us as soon as possible and in any event not later than 14 days after the day on which you told us that you wish to cancel the Contract. Please return Products to us at Dellonda Ltd., Kempson Way, Bury St Edmunds, Suffolk IP32 7AR attaching the order reference. You will be responsible for the cost of returning the Products to us, unless the Product is defective or not as described (refer to clause 11.1(b))
6.4 Please note that, when issuing your refund, we are permitted by law to reduce the refund amount to reflect any reduction in the value of the Products caused by your handling of them beyond the normal level of handling expected and permitted in a shop.
- Business Customers
7.1 If you are not a consumer, but are ordering as a business, you confirm that you are acting with the consent of the business and that you have authority to contractually bind the business on whose behalf you use our site to purchase Products.
7.2 These Terms and Conditions, and any documents expressly referred to in them, constitutes the entire agreement between you and us and supersedes and extinguishes all previous assurances, promises, warranties, agreements, understandings and representations between us, whether written or oral, relating to your use of our site to purchase Products.
7.3 In entering into this Contract you acknowledge that you do not rely on any statement, assurance, representation, or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions.
- Delivery and Availability
8.1 Delivery will be made within a reasonable time of the date of the Despatch Confirmation, unless there are exceptional circumstances, and we will shall endeavour to fulfil your order by the delivery date set out in the Despatch Confirmation. All delivery dates are estimates only and we shall have no liability to you in relation to these delivery dates not being met.
8.2 If we are unable to supply you with a Product, we will inform you of this by e-mail and we will not process your order and we will refund you the full amount, including any delivery costs charged, as soon as possible. Circumstances when we are unable to supply you with a Product may include if that Product is not in stock or no longer available, if we cannot meet your requested delivery date, if there is an error in the price on our site, or any other reason not listed.
- Risk and Title
9.1 The Products will be at your risk from the time of delivery to the address you gave us.
9.2 Title of 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.
- Price and Payment
10.1 Except in the case of obvious error, the price of any Products will be as quoted on our site from time to time.
10.2 The prices include VAT but exclude delivery costs (unless otherwise specified), which will be added to the total amount due. In order to view the delivery charges whilst in the shopping basket or at checkout you may enter your postcode. Exceptional bulky orders that cannot be sent in a box weighing up to 20kg may incur an additional delivery charge which we reserve the right to apply, and we would notify you of this charge before dispatching your order.
10.3 Prices are liable to change at any time, but changes will not affect orders for which we have already sent you a Despatch Confirmation.
10.4 Despite our best endeavours, it is always possible that some of the Products listed on our site may be incorrectly priced. If this happens and a Product´s correct price is higher than the price stated on our site we shall, at our discretion, either contact you for instructions before despatching the Product, or reject your order and notify you that we have rejected it.
10.5 We are under no obligation to provide the Products to you at any incorrect (lower) price, even after we have sent you a Despatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
10.6 Payment for all Products and delivery charges must be by credit or debit card in advance. We accept payment with Visa, Visa Debit, Mastercard, Visa Electron & Maestro. We will not charge your credit or debit card until we despatch your order.
- Refunds Policy
11.1 When you return a Product to us:
(a) If you have cancelled the Contract between us before the end of the cancellation period (see clause 6.1), we will process the refund due to you as soon as possible and, in any case, within 14 days after our receipt of the returned Products. In this case, we will refund the price you paid for the Products in full less deductions for handling if any (see clause 6.4). We will also refund delivery costs limited to the value of the least expensive delivery method we offer. If you chose a higher cost delivery option, we will not refund above our standard delivery cost. You will be responsible for the cost of returning the item to us.
(b) If you return the Products for any other reason, we will inspect the returned Product. If after inspection we reasonably conclude that the Product is defective or not as described and was returned within 14 days of delivery to you, you will be entitled to a full refund plus the original delivery charge for sending the item to you plus the cost incurred by you, limited to £8, in returning the item to us. If such Product was returned to us after 14 days of delivery to you and we reasonably conclude that the Product is defective or not as described then we may (at our sole discretion) offer an exchange or repair or refund as appropriate. In any event you should contact us for authorisation before returning any Product that you consider to be defective or not as described.
11.2 We will notify you of any refund via e-mail within a reasonable period of time, and endeavour to process the refund as soon as possible but in any case within 14 days of the day that we advised that you were due a refund.
11.3 We will in most cases issue a refund via the same method originally used by you to pay for your purchase.
- Our Liability
12.1 We warrant that, upon delivery to you, any Product purchased from us through our site is of satisfactory quality and reasonably fit for the purposes for which products of the kind are commonly supplied. Please note that the information and advice contained on our site and in our sales documentation is for general guidance purposes only. You are responsible for determining whether this general guidance about the Products applies to your particular situation and whether the Products you order are appropriate for you. Please read all manuals and safety instructions provided with each Product, and follow them carefully at all times.
12.2 If you are a business, you agree not to use the Products for any resale purposes and you accept that we only supply the Products for internal use by your business. If you are a consumer, you agree not to use the Products for any commercial, business or resale and accept that we only supply the Products for domestic and private use.
12.3 Our liability for losses you may suffer as a result of us breaching the terms of the Contract is strictly limited to the purchase price of the Products you purchased from us. However, this does not apply to, and we do not exclude or limit in any way, our liability: (a) For death or personal injury caused by our negligence; (b) Under section 2(3) of the Consumer Protection Act 1987; (c) For fraud or fraudulent misrepresentation; or (d) For any matter for which it would be illegal for us to exclude or limit our liability.
12.4 We are not responsible, whether in contract, tort, breach of statutory duty, or otherwise, for indirect or consequential losses which happen as a side effect of the main loss or damage whether or not foreseeable by you and us, including but not limited to:
(a) loss of business
(b) loss of income or revenue
(c) loss of anticipated savings
(d) loss of profits or contracts
(e) loss of data, or
(f) waste of management or office or production time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable;
- Import Duty
13.1 If you order Products from our site for delivery outside England, Wales, Scotland and N Ireland, they may be subject to import duties and taxes when the delivery reaches its destination. You will be responsible for payment of any such import duties and taxes and we have no control over these charges and cannot predict their amount. Please contact your local clearing agent or customs office for further information before placing your order.
13.2 Please 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 in regards to the Products that you have ordered.
- 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 Dellonda Ltd., 820 The Crescent, Colchester Business Park, Colchester, Essex, CO4 9YQ, UK or email@example.com. 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 13. 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.
- Transfer of Rights and Obligations
16.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
16.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
16.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
- Events outside our control
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
17.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
18.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
18.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
18.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13.
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.
- Entire Agreement
20.1 These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
20.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
20.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these Terms and Conditions.
- Our Right to vary these Terms and Conditions
21.1 We have the right to revise and amend these terms and conditions from time to time.
21.2 You will be subject to the policies and Terms and Conditions in force at the time that you order products from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the Despatch Confirmation (in which case we have the right to assume that you have accepted the change to the Terms and Conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
- Data Protection
- Law and Jurisdiction
23.1 Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
- Identity Checks
24.1 We carry out in certain circumstances identity checks to verify the person ordering is who they say they are. We use the information to fulfil orders and customer requirements, deliver orders, process customer payments, inform you of new services and promotional offers, update our customer database records and ensure a good level of customer service.
24.2 We also use this information to improve our ecommerce site and services and to prevent or detect fraud or abuse of our website. To this end we enable third parties to carry out identity checks on our behalf which may involve an identity check footprint being registered on your credit reference file. This in no way affects any credit rating and is purely an audit trail of us verifying your identity.