Terms & Conditions of Sale
1. The Agreement between us
1.1. These Conditions, together with our current website prices, delivery details, contact details and Privacy Policy set out all of the terms relating to our contract and are intended to set out the agreement between us, where you, the customer, agree to purchase and we, DMACK Limited agree to sell, the Goods.
1.2. "The Goods" means the goods that we agree, in our acceptance of order email, to supply to you.
1.3. Sales of Goods through this website can only be contracted subject to these Conditions and all contracts shall be in the English language.
1.4. The conditions that will apply to our contracts will be the conditions on this website on the date of your order. If you use this website on a repeat basis you should check these Conditions as we may make changes to them from time to time.
2. Your order
2.1. It is your responsibility to read these Conditions carefully and raise any problems with us before you place an order.
2.2. We will confirm receipt of your order by email as soon as possible. This first email does not mean that we accept your order, but just that we have received it. If we do accept your order we will send you a second email, when we despatch your Goods, and before we do so you should not assume that we have accepted it. Our acceptance of your order brings into existence a legally binding contract between us. There is no contract between us in respect of the Goods until we have sent the second email that accepts your order or you receive the Goods.
2.3. It is your responsibility to check that your order is accurate and to give us all the information we need to complete the order. Our website page explains how you can correct any errors that you make before you submit your order.
2.4. All offers are subject to goods availability. We reserve the right to withdraw any item from sale at any time. Certain countries have restrictions on our delivering some items. If those restrictions apply to the Goods in the country that you reside, you should not place an order.
2.5. When we decide whether to accept your order, we may check the information provided by you and carry out credit checks. In submitting an order to us, you agree to our use of the information contained in your order for this purpose. We also refer you to our Privacy Policy in respect of the use of information that you may submit to us.
3. Price of the Goods
3.1. The price of the Goods and the delivery costs will be based upon prices set out in this website on the date on which you place your order and will be calculated, in pounds sterling, when you complete your order form and will be shown at the bottom of the order form. We make every effort to maintain prices, although it may be necessary to change prices either up or down.
3.2. The price calculated by the order form will include value added tax ("VAT") if the delivery address for the Goods is within the European Union. If your delivery address is outside the European Union, then VAT will not be charged, although local taxes and customs charges may be applicable and will be your responsibility.
3.3. If we accept your order, the price will be as stated on the website, although if the rate of VAT increases between the date of your order and the date of supply or delivery, we will add the necessary additional amount of VAT to the price of the Goods.
3.4. Subject to our obligation to supply Goods at the price stated in accepted orders, we reserve the right to increase the list prices of the Goods at any time.
4. Payment
4.1. You may pay by Visa, Switch, Mastercard, Maestro or Delta.
4.2. Payment is to be made at the time that you place your order.
5. Delivery
5.1. The Goods will be sent to you as soon as possible, and in any event within 14 days after the date of your order. Delivery is by first class post to the address you stipulate in your order.
5.2. If in the case of unforeseen circumstances beyond our reasonable control, we are not able to dispatch your order within the time mentioned above, we will contact you and you may cancel your order.
5.3. Where the Goods are to be delivered outside mainland United Kingdom, you will be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them. We reserve the right to allow or withdraw international delivery at any time.
6. Ownership of the Goods
The Goods shall remain our property and ownership of the Goods shall not pass to you until they are delivered to you and their full price has been paid to us. Once the Goods are delivered to the address on your order, they will be held at your own risk and we shall not be responsible for any loss or destruction.
7. Our Responsibility
7.1. We will make every effort to ensure that the Goods that we supply to you will be of satisfactory quality. If, once you have examined the Goods, you discover a defect in the quality of the Goods you must tell us as soon as possible after discovering the defect.
7.2. If you notify us of a defect in the quality of the Goods and, as a result of the defect, those Goods are not of satisfactory quality, we will replace the Goods free of charge or, if you prefer, you can return the Goods to us and we will refund to you the price which you have paid us for those Goods.
7.3. 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. Therefore, we will not be liable to you for any indirect or consequential loss, which includes without limitation (i) loss of profits; (ii) any other economic loss or loss of production, product, use, turnover, anticipated profits, business opportunity or goodwill; and (iii) all loss or damage to yours or any third party's property or equipment.
7.4. We will accept full liability fraudulent misrepresentation or for death or personal injury arising as a result of our negligence. Any statutory rights under any applicable local law that may not be excluded are not affected by anything in these Conditions.
8. Your right to cancel
8.1. If, at any time within 14 working days of receipt by you of the Goods, then you will have the right to do so by informing us in writing or by email at the addresses on our Contact Us page. We must receive your written notice withdrawing your order within the 14 day period referred to above.
8.2. If you do withdraw your order, we will re-credit your credit card account any amounts deducted by us in respect of that order as soon as possible, but in any event within 30 days, and you must return to us any Goods delivered to you by us under the withdrawn order. You will be expected to pay the costs of returning any Goods to us, where you have withdrawn an order in accordance with this Condition 8.
9. Our right to cancel
9.1. We reserve the right to cancel the contract between us prior to delivering the Goods to you if:
9.1.1. we have insufficient stock to deliver the Goods you have ordered;
9.1.2. we do not deliver to your area; or
9.1.3. 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.
9.2. If we do cancel your order, we will notify you by email and will re-credit your credit card account any amounts deducted by us in respect of that order as soon as possible, but in any event within 30 days. We will not be under any obligation to pay you any additional compensation for inconvenience or disappointment.
10. Accuracy
While we endeavour to ensure that the information on this website is correct, we do not warrant the accuracy and completeness of the material on this website. We may make changes to the material on this website, or to the products and prices described in it, at any time without notice.
11. Things you should know
11.1. DMACK Limited is a limited company incorporated under the laws of England and Wales. Its registered office is at
DMACK Limited
Unit F2, Kingmoor North,
Kingmoor Industrial Estate,
Carlisle, Cumbria.
11.2. If, for some reason, which is beyond either of our control, either of us is unable to comply with these Conditions, that party will not be liable to the other or be deemed to be in breach of the contract between us.
11.3. Nothing said by any sales person on our behalf shall form part of our contract and, therefore, should not be taken as a variation to any of our terms. We will have no liability to you for any such representation being untrue or misleading, unless it is fraudulent.
11.4. If on any occasion either of us agree to take no action against the other even after the other has failed to comply with these Conditions, that party should not assume that the other will do the same on another occasion.
11.5. If it becomes necessary for a court to enforce these Conditions and any one of these Conditions is found to be invalid or unenforceable, this will not affect the remainder of the agreement between us.
11.6. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the contract between us, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
11.7. Where there is a reference in these Conditions to "working days" this shall mean Monday to Friday inclusive but excluding any public holiday in England.
11.8. These Conditions and the contract between us are subject to English law and the English courts will have jurisdiction, although if it becomes necessary for us to enforce any of our rights under these Conditions against you, we may do so in any relevant and competent court. |