TERMS AND CONDITIONS
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
- You are an individual.
- You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
Provisions specific to consumers only are in yellow and those specific to businesses only are in blue.
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms (including Schedule 2) constitute the entire agreement between us in relation to your purchase. As a business customer you must comply with the Quality and Trading Conditions under Schedule 2. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Dapper Dan Limited a company registered in England and Wales. Our company registration number is 07842634 and our registered office is at Unit 36 New Mesters, 53 Mowbray Street, Sheffield, England, S3 8EN.
2.2 How to contact us. You can contact us by telephoning our customer service team at 0114 4388026 or by writing to us at firstname.lastname@example.org or Dapper Dan Ltd, Unit 36 New Mesters, 53 Mowbray Street, Sheffield, S3 8EN.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 Where we sell to. Unfortunately we do not supply our products to Germany. If you place an order for delivery into Germany as a business customer or a consumer, we will unfortunately be obliged to decline your order. Whilst we do supply our products to consumers in Austria, Belgium, Slovakia, Czech Republic, Luxembourg, we do not supply our products to business customers in such territories. If you place an order for delivery into these territories as a business customer, we will unfortunately be obliged to decline your order.
4. OUR PRODUCTS
4.1 Guarantee period of 30 months for sealed products and 12 months for opened products. Our products (excluding aprons and hard goods such as combs) are guaranteed for a period of 30 months from the date of manufacture provided that they remain sealed. The date of manufacture is identifiable from the batch code printed on the packaging of all consumable products sold on our website. Please note that our products (excluding aprons and hard goods such as combs) are guaranteed for 12 months after opening. If you have any queries regarding the condition of any of our consumable products, please contact us on 0044114 4388026 or by email at email@example.com. This guarantee is in addition to any other rights and remedies available to you in respect of our supply of the products by law.
4.2 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.3 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to your order please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the products. We may change the product:
6.1.1 to reflect changes in relevant laws and regulatory requirements; and
6.1.2 to implement minor adjustments and improvements. These changes will not affect your use of the product.
6.2 More significant changes to the products and these terms. In addition, we may make more significant changes to these terms or the products, but if we do so we will notify you and you may then contact us to cancel your order before the changes take effect and receive a refund for any products paid for but not received.
7. PROVIDING THE PRODUCTS
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website during the order process.
7.2 When we will provide the products. During the order process we will let you know when we will provide the products to you.
7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 If you are not in when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
7.5 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and clause 10.2 will apply.
7.6 When you become responsible for the products. A product will be your responsibility from the time we deliver the product to the address you gave us.
7.7 When you own the products. You own a product once we have received payment in full.
7.8 Reasons we may suspend the supply of products to you. We may have to suspend your order to:
7.81 deal with technical problems or make minor technical changes;
7.8.2 update the product to reflect changes in relevant laws and regulatory requirements;
7.8.3 make changes to the product notified by us to you (see clause 6).
7.8.4 deal with delay in supply from third parties or other reasons outside of our reasonable control (in which case we will use reasonable endeavours to minimise the impact of such delays on you).
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, when you decide to end the contract and whether you are a consumer or business customer:
8.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 12 if you are a consumer and clause 13 if you are a business;
8.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
8.1.3 If you are a consumer and have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any products;
8.1.4 In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 8.5
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 8.2.1 to 8.2.5 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
8.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
8.2.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
8.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;
8.2.4we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 3 months; or
8.2.5 you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind if you are a consumer under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Consumer Contracts Regulations”). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. However, this does not include sealed items which are not suitable for return due to hygiene reasons if the products become unsealed after delivery (e.g. our pomades). These rights, under the Consumer Contracts Regulations, are explained in more detail in these terms.
8.4 How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered. In particular, you have 14 days after the day you (or someone you nominate) receives the products, unless your products are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.
8.5 Cancelling your order where we are not at fault and if you are a business. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 8.1), you can cancel your order before it is completed, but you may have to pay us compensation. A contract for products is completed when the product is delivered and paid for. If you want to cancel your order before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The order will be cancelled immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your cancelling the order.
9. HOW TO CANCEL YOUR ORDER (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)
9.1 Tell us you want to cancel your order. To cancel your order, please let us know by doing one of the following:
9.5 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
9.5.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
9.5.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
10. When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
11. OUR RIGHTS TO END THE CONTRACT
11.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
11.1.1 you do not, within a reasonable time, allow us to deliver the products to you.
11.1.2 you do not provide us with the information we need in order to provide our products to you. you do not comply with our Quality and Trading Conditions under Schedule 2 .
11.2 You must compensate us if you break the contract. If we end the contract in the situation set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
12. IF THERE IS A PROBLEM WITH THE PRODUCT
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 00441144388026 or write to us at Dapper Dan Ltd, Unit 36 New Mesters, 53 Mowbray Street, Sheffield, S3 8EN.
13. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A CONSUMER
13.1 If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
13.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us. Please call customer services on 00441144388026 or email us at Dapper Dan Ltd, Unit 36 New Mesters, 53 Mowbray Street, Sheffield, S3 8EN for a return label.
14. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A BUSINESS
14.1 If you are a business customer we warrant that on delivery any products shall:
14.1.1 conform in all material respects with their description; and
14.1.2 be free from material defects in design, material and workmanship.
14.2 Subject to clause 13.3, if:
14.2.1 you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in clause 13.1;
14.2.2 we are given a reasonable opportunity of examining such product; and
14.2.3 you return such product to us at our cost, we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
14.3 We will not be liable for a product's failure to comply with the warranty in clause 13.1 if:
14.3.1 you make any further use of such product after giving a notice in accordance with clause 13.2.1;
14.3.2the defect arises because you failed to follow our oral or written instructions as to the storage or use of the product; or
14.3.3 you alter or repair the product without our written consent; or
14.3.4 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
14.4 Except as provided in this clause 13, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in clause 13.1.
14.5 These terms shall apply to any repaired or replacement products supplied by us under clause 13.2.
15. PRICE AND PAYMENT
15.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 14.3 for what happens if we discover an error in the price of the product you order.
15.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
15.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
15.4 When you must pay and how you must pay. We accept payment with all major credit cards, as determined by the Shopify platform, and also Paypal.
15.5 You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
15.6 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
16. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
16.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
17. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 12.1
17.1 We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 16.
18. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
18.1 Nothing in these terms shall limit or exclude our liability for:
18.1.1 death or personal injury caused by our negligence, or the negligence of our
18.1.2 employees, agents or subcontractors (as applicable);
18.1.3 fraud or fraudulent misrepresentation;
18.1.4 breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
18.1.5 defective products under the Consumer Protection Act 1987; or
any matter in respect of which it would be unlawful for us to exclude or restrict liability.
18.2 Except to the extent expressly stated in clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
18.3 Subject to clause 16.1:
18.3.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
19. our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to one hundred per cent (100%) of the total sums paid by you for products under such contract.
20. HOW WE MAY USE YOUR PERSONAL INFORMATION
21. OTHER IMPORTANT TERMS
21.1 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
21.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
21.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
21.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
21.5 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
21.6 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
SCHEDULE 1 - MODEL CANCELLATION FORM FOR CONSUMER CUSTOMERS
(Complete and return this form only if you wish to withdraw from the contract)
To Dapper Dan Limited at Unit 36 New Mesters, 53 Mowbray Street, Sheffield, S3 8EN or firstname.lastname@example.org
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following products [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
SCHEDULE 2 - QUALITY AND TRADING CONDITIONS
22. For the purposes of this Schedule 2 the following terms shall have the following meanings:
'Buyer' means the person who buys or agrees to buy the Goods from the Seller.
'Goods' means all goods which the Buyer agrees to buy from the Seller.
'Seller' means Dapper Dan Limited trading as Dapper Dan a company registered in England and Wales with company number 07842634 and registered address at Unit 36 New Mesters, 53 Mowbray Street, Sheffield, England, S3 8EN
22.1 The Buyer shall at all times ensure that it complies with all applicable laws and regulations regarding the sale of Goods to customers, including but not limited to, any requirements in relation to distance selling (as applicable), marketing and advertising. The Buyer shall also observe all directions and instructions given to it by the Seller for the promotion and advertisement of the Goods (as applicable).
22.2 In the case of Buyers selling the Goods online, the Buyer shall only advertise, promote, market, sell and otherwise make available the Goods using advertising materials provided by the Seller and images supplied by the Seller (“the Images”).
22.3 The Buyer shall not modify or issue the Images to any third party without the express consent of the Seller in writing.
22.4 The Buyer shall use all reasonable endeavours to ensure that the use of the Images, or any advertising or promotion carried out by the Buyer in relation to the Goods, does not misrepresent or prejudice the image, reputation or good standing of the Seller. The Buyer shall not make any written statement as to the quality of the Goods without the prior written approval of the Seller.
22.5 The Buyer shall in particular not combine the Images or brand name with advertising which in the opinion of the Seller has a negative impact upon the Seller’s brands and/or reputation.
22.6 Subject to prior approval by the Seller in writing, the Buyer may advertise the Goods on its own website which is hosted under its own domain name. The Buyer shall keep the Seller informed of any material changes affecting the website or the hosting of the website. The Buyer shall ensure that any website that it uses for the sale of the Products complies with the quality standards and criteria that are set out in this Schedule.
22.7 At the sole discretion of the Seller, the Buyer may be permitted to include an internet link to the Seller's website.
22.8 The Buyer shall not advertise, promote, sell or otherwise make available the Goods on any third party website without the prior written consent of the Seller.
22.9 The Buyer shall ensure that the Goods are advertised and marketed separately from any other third party products. This can be achieved by advertising the Goods on a separate website "page".
22.10 The Buyer shall not establish a link from any third party website to any website page advertising the Goods unless specifically and previously agreed in writing by the Seller.
22.11 The copyright in the Images and in any other advertising materials provided by the Seller to the Buyer shall at all times remain vested in the Seller. The Images may not be posted to or used on any Seller’s website or posted to a third party website in circumstances where this copyright cannot be protected in full or where the Image may be shared with unauthorised Sellers without the express written agreement of a director of the Seller.
22.12 The Seller may, in its absolute discretion and at any time update, amend, replace or withdraw any permission granted for the use of the Images.