CONDITIONS OF PURCHASE
PLEASE READ THESE CONDITIONS CAREFULLY AS THEY WILL GOVERN THE CONTRACT BETWEEN YOU AND DNP. HOWEVER NOTHING IN THESE CONDITIONS WILL AFFECT YOUR STATUTORY RIGHTS
1 Interpretation
1.1 In these Conditions:
“Contract” means your Order and these Conditions;
“DNP” means Darts ‘n Parts whose principal place of business is at Chipping Ongar;
“Order” means the Order you place on this site subject to these Conditions in relation to any Merchandise;
“Merchandise” means the merchandise to be supplied by DNP pursuant to your Order;
“Site” means http://www.dartsnparts.co.uk;
“you” and “your” means the customer requesting the supply of the Merchandise;
1.2 The headings in these Conditions are for convenience only and shall not affect their interpretation.
1.3 References to any gender shall include all genders; references to the singular shall include the plural and vice-versa.
2 DNP Welcome
2.1 DNP welcomes you to this Site which is provided for your use free of charge to browse and purchase Merchandise on line. By using this Site you agree to be bound by these Conditions.
2.2 DNP reserves the right to update these Conditions from time to time.
3 Contract
3.1 A valid and legally binding Contract between you and DNP will come into effect when DNP receives notification of an authorised payment in respect of your Order albeit that the payment may not have been debited from your credit or debit card.
3.2 The price of the Merchandise shall be the price set out in the shopping cart shown on the Site plus postage and packing shown on the Site prior to your making payment. The total amount due will be debited from your debit or credit card upon completion of the order. In the event that there is any difficulty in obtaining payment you agree to authorise any credit or financial checks in relation to your payment card in order to approve the payment for the Merchandise.
3.3 In addition and independent of clause 6.1 and 6.2 you may cancel the Contract within 7 days of delivery of the Merchandise (commencing the day after delivery) provided that you return the Merchandise unopened and unused. In such case DNP will credit your payment card with the price and delivery charges you have paid.
4 Delivery
4.1 If the Merchandise is in stock when DNP receives your Order and payment DNP shall endeavour to deliver the same within seven working days. If the Merchandise is not in stock DNP will notify you to that effect and will endeavour to deliver the Merchandise to you within 14 days. Time for delivery shall not be of the essence.
4.2 DNP shall deliver the Merchandise to the address you specify on your Order.
5. Ownership and Risk in the Merchandise
5.1 You will own and take the risk in the Merchandise from the time it is delivered to the address provided in your Order. If there is nobody at the premises to take delivery the Merchandise at the time it is delivered, the Merchandise shall nevertheless be deemed to have been delivered at that time and DNP shall have no responsibility for any damage to the Merchandise from that point in time unless you return it to DNP pursuant to clause 6.2 below when DNP shall take responsibility for it until (if it be the case) it is returned to you.
6. Complaints
6.1 If you have a complaint about any defect in the Merchandise delivered, you must notify us by email at the email address on this Site or notify us by letter sent by recorded delivery at our headquarters setting out the defect. DNP undertakes to contact you with regard to any such complaint within 7 days of receiving your complaint to advise whether you should return the Merchandise. If so requested by DNP you must return the Merchandise within one calendar month of receipt of the Merchandise.
6.2 If the Merchandise is defective and you have at DNP’s request returned it within the one calendar month set out in clause 6.1 DNP shall
6.2.1 replace or repair the Merchandise and return it to you free of charge; or
6.2.2 at your request credit your payment card with a full refund of price and delivery costs provided you have not made any changes to the Merchandise and it has not been damaged after delivery by reason of negligence or misuse.
6.3 Save where DNP is dealing with a consumer:
6.3.1 all warranties conditions and terms relating to fitness for purpose and merchantable quality whether implied by statute or common law shall be excluded to the fullest extent permitted by law; and
6.3.2 DNP’s liability hereunder shall be limited to the price of the Merchandise and delivery and return charges.
6.4 To the fullest extent permitted by applicable law you agree that neither DNP nor any of its servants or agents shall be liable to you or any other person for any loss, liability, cost, proceedings or expense (including but without limitation) (i) loss or anticipated or future loss of revenue or profits; loss of business; increased costs or expenses; loss of goodwill or (ii) any consequential loss whether in contract or tort including negligence or breach of statutory duty irrespective of how any loss or damage of any of the foregoing kinds was caused arising in respect of any breach of these conditions by DNP
PROVIDED ALWAYS THAT
6.4.1 Nothing in these conditions shall exclude liability for death or personal injury caused by its negligence; and
6.4.2 Where you are a consumer your statutory rights are not affected by any clause in these Conditions.
7 Intellectual Property Rights and the use of DNP Website
7.1 The content and images on this Site and the name “Darts ‘n Parts” are protected by copyright, design right and other intellectual property rights. You may not use reproduce modify copy or distribute for commercial or illegal purpose any of the content or images.
7.2 This Site may contain advertising material or links to other Sites. DNP accepts no responsibility for any error in any such material.
7.3 DNP provides no computer telecommunications or other equipment to access this Site and shall have no liability to you or any third party in respect of any technical or communication difficulties you encounter in using this Site.
7.4 You are authorised to use this Site solely for the purpose of browsing and the purchase of Merchandise. Without prejudice to the generality of the foregoing you shall not use this Site for any illegal or immoral or abusive or defamatory purpose. In such case DNP reserves the right to cancel any Order made by you (with a refund of any payment made) and not to accept any further Order from you and you agree to indemnify and keep indemnified DNP against all actions costs proceedings claims and expenses (including legal costs on a full indemnity basis) arising howsoever and whatsoever from your unauthorised use of this Site.
8 Termination of Contract
8.1 DNP reserves the right to issue a notice of termination of the Contract prior to delivery if it believes that the Merchandise is to be used for an illegal purpose. In such case the price of the Merchandise will be credited to your payment card and DNP shall be under no further liability to you.
8.2 If DNP is unable to deliver the Merchandise the subject of your Order for reasons beyond its reasonable control within 3 months of receipt of your payment of the price and delivery charges either you or DNP may terminate the Contract by notice in writing either by email at the email address on this Site or by recorded delivery post to the address on this site. In such case the price of the Merchandise will be credited to your payment card and DNP shall be under no further liability to you.
9 General
9.1 The Contract constitutes the entire agreement between you and DNP
9.2 No failure or delay by DNP in exercising any of its rights under the Contract shall be deemed to be a waiver of any of those rights.
9.3 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
9.4 No oral representation made to you shall be binding on DNP unless the same has been confirmed to you in writing as being expressly incorporated into the Contract.
9.5 DNP shall have no liability to any person who is not a party to the Contract and the provisions of The Contract (Rights of Third Parties) Act 1999 shall have no application.
9.6 Any notices required to be given in writing in these Conditions shall by served by first class recorded delivery post addressed in the case of DNP to our address above or to you at the address specified by you or by email in the case of DNP at this Site or to you at the email address you provide unless notice to the contrary is given in accordance with this clause. Notices served shall be deemed to be served if served by post 24 hours after posting and if served by email immediately upon dispatch.
9.7 These Conditions shall be governed and construed in accordance with the law of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English Courts.
|
