THE LEGAL STUFF
WEBSITE TERMS AND CONDITIONS
www.dormousedreams.co.uk
SUMMARY:
Welcome to dormousedreams.co.uk . If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy and Terms and Conditions of Sale of Goods governs Dormouse Dreams’ relationship with you in relation to this website.
These terms of service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content. Please read these terms of service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these terms. If you do not agree to all the terms of this agreement, then you may not access the website or use any of its services. If these terms are considered an offer, acceptance is expressly limited to these terms of service.
Any new features or tools that are added to the current store shall also be subject to the terms of service. You can review the most current version of the terms at any time on this page. We reserve the right to update, change or replace any part of these terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
If you disagree with any part of these terms and conditions, please do not use our website.
The term ‘Dormouse Dreams’ or ‘us’ or ‘we’ refers to the owner of the website. Dormouse Dreams is registered with HMRC as a sole trader and registered with the Information Commissioners Office (ICO). The term ‘you’ refers to the user or viewer of our website.
The use of this website is subject to the following terms of use:
· The content of the pages of this website is for your general information and use only. It is subject to change without notice.
· This website may use cookies to monitor browsing preferences. Please see our cookie policy in the Privacy Policy.
· Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
· Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
· This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, images and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
· All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
· Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
· From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
· Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
WEBSITE TERMS AND CONDITIONS IN FULL
1 - Online Store Terms
1. By agreeing to these terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
2. You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).
3. You must not transmit any computer viruses or any code of a destructive nature.
4. A breach or violation of any of the terms will result in an immediate termination of your services.
2 - General Conditions
1. We reserve the right to refuse service to anyone for any reason at any time.
2. You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks, and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, access to the service or any contact on the website through which the service is provided, without express written permission by us.
4. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these terms.
3 - Accuracy, Completeness and Timeless of Information
1. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
2. This site may contain certain historical information. Historical information, by definition, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
4 - Modifications to the Service and Prices
1. Prices for our products are subject to change without notice.
2. We reserve the right to modify or discontinue the service (or any part or content thereof) without notice at any time.
3. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the service.
5 - Products or Services (if Applicable)
1. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy.
2. We have made every effort to display as accurately as possible the colours and images of our products that appear in the store. We cannot guarantee that your computer monitor or mobile device's display of any colour will be accurate. We reserve the right, but are not obliged, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products and product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
3. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
6 - Accuracy of Billing and Account Information
1. We reserve the right to refuse any order you place with us.
2. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
3. If we make a change to or cancel an order, we may attempt to notify you by contacting the email address, billing address and/or phone number provided at the time the order was made.
4. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
5. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.
6. You agree to promptly update your account and other information, including your email address, and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
7 - Optional Tools
1. We may provide you with access to third-party tools that we neither monitor, have any control over nor input.
2. You acknowledge and agree that we provide access to such tools ‘as is' and ‘as available' without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
3. Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s).
4. We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these terms.
8 - Third-party Links
1. Certain content, products and services we make available may include materials from third parties.
2. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these, and we do not warrant and will not hold any liability or responsibility for any third-party materials or websites, or for any other materials, products or services of third parties.
3. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with any third party websites. Please review carefully the third party's policies and practices, and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the third party.
9 - User Comments, Feedback and Other Submissions
1. If, at our request, you send certain specific submissions (for example, contest entries), or without a request from us, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail or otherwise (collectively, ‘comments’), you agree that we may - at any time, without restriction - edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
2. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
3. We may, but have no obligation to, monitor, edit or remove content that we determine at our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or violates any party’s intellectual property or these terms of service.
4. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right.
5. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website.
6. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments.
7. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
10 - Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.
11 - Errors, Inaccuracies and Omissions
1. Occasionally, there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, to change or update information, or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
2. We undertake no obligation to update, amend or clarify information in the service or on any related website, including (without limitation) pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website should be taken to indicate that all information in the service or on any related website has been modified or updated.
12 - Prohibited Uses
In addition to other prohibitions as set forth in the terms of service, you are prohibited from using the site or its content, as follows:
(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service or any related website, other websites or the Internet. We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.
13 - Disclaimer of Warranties; Limitation of Liability
1. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
2. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
3. You agree that, from time to time, we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
4. You expressly agree that your use of, or inability to use, the service is at your sole risk.
5. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
6. In no case shall Dormouse Dreams, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind - including (without limitation) lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise - arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted or otherwise made available via the service, even if advised of their possibility.
7. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
14 - Indemnification
You agree to indemnify, defend and hold harmless Dormouse Dreams and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
15 - Severability
In the event that any provision of these terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms of service; such determination shall not affect the validity and enforceability of any other remaining provisions.
16 - Termination
1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
2. These terms are effective unless and until terminated by either you or us.
3. You may terminate these terms at any time by notifying us that you no longer wish to use our services, or when you cease using our site.
4. If in our sole judgment, you fail - or we suspect that you have failed - to comply with any term or provision of these terms, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly, we may deny you access to our services (or any part thereof).
17 - Entire Agreement
1. The failure of us to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision.
2. These terms and any policies or operating rules posted by us on this site or in respect to the service constitutes the entire agreement and understanding between you and us, and they govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including but not limited to any prior versions of the terms). Any ambiguities in the interpretation of these terms shall not be construed against the drafting party.
18 - Governing Law
These terms and any separate agreements whereby we provide you with services shall be governed by and construed in accordance with the laws of the United Kingdom.
19 - Changes to Terms
1. You can review the most current version of the terms at any time at this page.
2. We reserve the right, at our sole discretion, to update, change or replace any part of these terms by posting updates and changes to our website.
3. It is your responsibility to check our website periodically for changes.
4. Your continued use of or access to our website or the service following the posting of any changes to these terms constitutes acceptance of those changes.
STANDARD TERMS AND CONDITIONS FOR SALE OF GOODS
Dormouse Dreams
1. DEFINITIONS
In this document the following words shall have the following meanings:
1.1 "Buyer" means the organisation or person who buys Goods from the Seller;
1.2 "Goods" means the articles to be supplied to the Buyer the Seller;
1.3 "Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trade marks, know-how and all other forms of intellectual property wherever in the world enforceable;
1.4 "List Price" means the list of prices of the Goods maintained by the Seller as amended from time to time;
1.5 "Seller" means Dormouse Dreams (registered with HMRC as a sole trader). c/o Juler Tooke Ltd, Lothing House. 7, Quay View Business Park, Barnards Way, Lowestoft, NR32 2HD
2. GENERAL
2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing.
2.2 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3. PRICE AND PAYMENT
3.1 The price shall be that in the Seller’s current List Price, or such other price as the parties may agree in writing. The price is exclusive of VAT or any other applicable costs. Delivery shall be paid for by the buyer.
3.2 Payment of the price and delivery shall be made at the point of ordering.
3.3 If payment of the price or any part thereof is not made, the Seller shall be entitled to:
3.3.1 require payment in advance of delivery in relation to any Goods not previously delivered;
3.3.2 refuse to make delivery of any undelivered Goods whether ordered under the contract or not and without incurring any liability whatever to the Buyer for non-delivery or any delay in delivery;
3.3.3 terminate the contract
3.4 Prices for our products are subject to change without notice.
3.5 We reserve the right to modify or discontinue the service (or any part or content thereof) without notice at any time.
3.6 We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the service.
3 DESCRIPTION.
Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.
4 SAMPLE
Where a sample of the Goods is shown to and inspected by the Buyer, the parties hereto accept that such a sample is so shown and inspected for the sole purpose of enabling the Buyer to judge for itself the quality of the bulk, and not so as to constitute a sale by sample.
5 DELIVERY
5.4 Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer on the date specified by the Seller. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
5.5 The date of delivery specified by the Seller is an estimate only. Time for delivery shall not be of the essence of the contract.
5.6 If the Seller is unable to deliver the Goods for reasons beyond its control, then the Seller shall be entitled to place the Goods in storage until such times as delivery may be effected and the Buyer shall be liable for any expense associated with such storage.
5.7 The Buyer shall be entitled to replacement Goods where the Goods have been damaged during transportation. The Buyer must notify the Seller of the damage within 24 hours of delivery accompanied by photographic evidence of the damage and any damaged packaging.
6 RISK
Risk in the Goods shall pass to the Buyer at the moment the Goods are dispatched from the Seller`s premises. Where the Buyer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first.
7 TITLE
Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.
8 WARRANTY
8.4 Where the Goods have been manufactured by the Seller and are found to be defective, the Seller shall repair, or in its sole discretion, replace defective Goods free of charge within 28 days from the date of delivery, subject to the following conditions:
8.4.1 the Buyer notifying the Seller of the defect in writing within 24 hours of delivery accompanied by proof of purchase
8.4.2 the defect being due to the faulty design, materials or workmanship of the Seller.
8.4.3 supply of photographic evidence of the defect(s) before return and/or repair or replacement is agreed
8.4.4 The Goods are unworn and in their original packaging
8.4.5 Repair has not been attempted by the Buyer.
8.5 Any Goods to be repaired or replaced shall be returned to the Seller at the Buyer’s expense, if so requested by the Seller.
8.6 If repair is not possible, the purchase cost (including any delivery charge) will be refunded and the return postage will be reimbursed by the Seller
8.7 Where the Goods have been manufactured and supplied to the Seller by a third party, any warranty granted to the Seller in respect of the Goods shall be passed on to the Buyer.
8.8 The Seller shall be entitled in its absolute discretion to refund the price of the defective Goods in the event that such price has already been paid.
8.9 The remedies contained in this Clause are without prejudice to the other Terms
and Conditions herein, including, but without limitation, Clauses 10 and 11 below.
9 LIABILITY
9 No liability of any nature shall be incurred or accepted by the Seller in respect of any representation made by the Seller, or on its behalf, to the Buyer, or to any party acting on its behalf, prior to the making of this contract where such representations were made or given in relation to:
9.1 the correspondence of the Goods with any description;
9.2 the quality of the Goods; or
9.3 the fitness of the Goods for any purpose whatsoever.
10 No liability of any nature shall be accepted by the Seller to the Buyer in respect of any express term of this contract where such term relates in any way to:
10.1 the correspondence of the Goods with any description;
10.2 the quality of the Goods; or
10.3 the fitness of the Goods for any purpose whatsoever.
10.4 All implied terms, conditions or warranties as to the correspondence of the Goods to any description or the satisfactory quality of the Goods or the fitness of the Goods for any purpose whatsoever (whether made known to the Seller or not) are hereby excluded from the contract.
11 LIMITATION OF LIABILITY
11.1 Where any court or arbitrator determines that any part of Clause 10 above is, for whatever reason, unenforceable, the Seller shall be liable for all loss or damage suffered by the Buyer but in an amount not exceeding the contract price.
11.2 Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller’s negligence or that of its employees or agents.
12 INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Seller, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in the Seller by the execution of appropriate instruments or the making of agreements with third parties.
13 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.
14 RELATIONSHIP OF PARTIES
Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.
15 ASSIGNMENT AND SUB-CONTRACTING
The contract between the Buyer and Seller for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Buyer, without the prior written consent of the Seller.
16 WAIVER
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
17 SEVERABILITY
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
18 GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of England, Northern Ireland, Scotland and Wales and the parties hereby submit to the exclusive jurisdiction of courts of the United Kingdom.