TERMS & CONDITIONS

Please read all these terms and conditions.

As 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 not happy with.  If you are not sure about anything, just phone us on 07462039493, or email us at: contact@dardana.co.uk. 

  1.  Application

1.1 These Terms and Conditions will apply to all order of any products or services by you (the Customer or you) made available by DARDANA at www.dardana.co.uk from 32 Woodland Dive, St Albans, Hertfordshire, AL4 0EU with email address: contact@dardana.co.uk and telephone number 07462039493 (the Supplier or us or we).

1.2  These are the terms on which we sell all products or services to you. By ordering any of the products or services made available by DARDANA through www.dardana.co.uk 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 clicking on the button marked 'I Accept'. If you do not click on the button, you will not be able to complete your Order.  You can only purchase the products from the Website if you are eligible to enter into a contract and are at least 18 years old.

  2.  Interpretation

2.1   Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft, or profession.

2.2   Contract means the legally-binding agreement between you and us for the supply of the products.

2.3   Delivery Location means the Supplier's premises or other location where the products are to be supplied, as set out in the Order.

2.4   Durable Medium means 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.

2.5   Products or Services means the items advertised on the Website that we supply to you of the number and description as set out in the Order.

2.6   Order means the Customer's order for the products from the Supplier as submitted following the step by step process set out on the Website.

2.7   Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website.

2.8   Website means our website www.dardana.co.uk on which the products are advertised.

  3.  Products

3.1  The description of the products 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 discrepancies in the size and colour of the products supplied.

3.2   We have made every effort to display as accurately as possible the colours of our products advertised on our website. However due to computer monitors variation, we cannot guarantee that your monitor's display of colours will be completely accurate.

3.3  In the case of any products made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

3.4   All products which appear on the Website are subject to availability.

3.5   We can make changes to the products which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

  4.  Personal Information

4.1   We retain and use all information strictly under the Privacy Policy.

4.2   We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this

  5.  Basis of Sale

5.1  The description of the products in our website does not constitute a contractual offer to sell the products. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.

5.2  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.

5.3  A Contract will be formed for the sale of products ordered only 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 making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.

5.4  Any quotation is valid from the product order date until 14 days after its delivery for UK orders, and from the product order date until 21 days after its delivery for international orders, unless we expressly withdraw it at an earlier time.

5.5  No variation of the Contract, whether about description of the products, 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.

5.6  We intend that these Terms and Conditions apply only to a Contract entered by you as a Consumer. If this is not the case, you must 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.

  6.  Price and Payment

6.1  The price of the products 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.

6.2  Prices and charges include VAT at the rate applicable at the time of the Order.

6.3  You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before dispatching of the Goods.

6.4  If the issuer of your card refuses to authorize payment we will not accept your order and we will not be responsible for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.

  7.  Delivery

7.1  We will deliver the products, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into. We require a signature for all products delivered.

7.2  In any case, regardless of events beyond our control, if we do not deliver the products on time, you can (in addition to any other remedies) treat the Contract at an end if:

• We have refused to deliver the products, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential.
• 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.

7.3  We generally deliver our products to UK addresses, Europe, USA, and the Rest of World addresses, according our Shipping & Delivery conditions in our website.

7.4  Regarding Europe, USA, and the Rest of World delivery addresses, you may need to pay import duties or other taxes, as we will not pay them.

7.5  If you or your nominee fail, through no fault of ours, to take delivery of the products at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.

7.6  The products will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the products before accepting them.

  8.  Risk and Title

8.1  Risk of damage to, or loss of, any products will pass to you when the products are delivered to you.

8.2  You do not own the products until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the products still owned by you, in which case you must return them or allow us to collect them.

  9.  Withdrawal and cancellation

9.1  You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.

9.2  You can cancel the Contract except for any products which are made to your special requirements (the Returns Right) by telling us no later than  14 days from after the day you (or someone you nominate) receives the products calendar days , if you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return to our business premises the products in undamaged condition at your own expense. Then we must without delay refund to you the price for those products which have been paid for in advance, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective products. This Returns Right is different and separate from the Cancellation Rights below.

9.3  If any products form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the products or the character of the unit, eg: Sets) you cannot cancel or reject the Order for some of those products without also cancelling or rejecting the Order for the rest of them.

9.4  This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following products (with no others) in the following circumstances:

• Products that are made to your specifications or are clearly personalized.
• Products which are liable to deteriorate or expire rapidly.

9.5  Also, the Cancellation Rights for a Contract cease to be available in the following circumstances: In the case of any sales contract, if the products become mixed inseparably (according to their nature) with other items after delivery.

9.6  Right to cancel

• The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the products. In a contract for the supply of products over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.
• To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post or email). You can use the attached model Exchange/Return Form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made.
• You can also electronically fill in and submit the Exchange/Return Form or any other clear statement of the Customer's decision to cancel the Contract on our website www.dardana.co.uk. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) without delay.
• To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
• Every return should be requested before you send your back products to us to allow an identification and prompt processing. Unidentified returns will be returned to the sender.

9.7  Effects of cancellation in the cancellation period

Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery.

9.8  Deduction for Goods supplied

We may make a deduction from the reimbursement for loss in value of any products supplied according to our returns policy , if the loss is the result of unnecessary handling by you (ie handling the products beyond what is necessary to establish the nature, characteristics and functioning of the products: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss. For this reason, we recommend that you ensure the products are returned to us in their original selling condition.

9.9  Timing of reimbursement

• If we have not offered to collect the products or If we have offered to collect the products, we will make the reimbursement without undue delay, and not later than 14 days after the day we receive back from you any products supplied.
• If no products were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
• We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise.

9.10  Returning products

• If you have received products in connection with the Contract which you have cancelled, you must send back the products to us at  DARDANA, 32 Woodland Drive, Hertfordshire, AL4 0EU  without delay and in any event not later than 28 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the products before the period of 28 days has expired. You agree that you will have to bear the cost of returning the products according this Withdrawal and cancellation
• For the purposes of these Cancellation Rights, these words have the following meanings:

1. 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;
2. Sales contract means a contract under which a trader transfers or agrees to transfer the ownership of products to a consumer and the consumer pays or agrees to pay the price, including any contract that has both products and services as its object.

  10.  Conformity and Guarantee

10.1  We have a legal duty to supply the products in conformity with the Contract and will not have conformed if it does not meet the following obligation.

10.2  Upon delivery, the products will:

• Be of satisfactory quality.
• Be reasonably fit for any particular purpose for which you buy the products 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.

10.3  It is not a failure to conform if the failure has its origin in your materials.

  11.  Faulty products

Products are classified as faulty if they are not of satisfactory quality, fit for purpose or as described. Please note that products which are damaged while wearing, tear by accident, or through misuse will not be considered faulty.

If your item is faulty when you receive it, you can return it for a refund within 30 days from the date you received it.

  12.  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. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

  13.  Circumstances beyond the control of either party

In the event of any failure by a party because of something beyond its reasonable control:

13.1  The party will advise the other party as soon as reasonably practicable.

13.2  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, below.

  14.  Excluding liability

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 (eg 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.

  15.  Governing law, jurisdiction and complaints

15.1  The Contract (including any non-contractual matters) is governed by the law of England and Wales.

15.2  Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

15.3  We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 opening days.