Welcome to the Dike and Son Ltd terms and conditions of sale.
THE FOLLOWING TERMS AND CONDITIONS (hereafter "Terms") governs the terms applying to the sale and purchase of goods from us together with your use of our web site (hereafter "website"), where applicable. It is vitally important that you read the Terms carefully, as your purchase of goods from us and use of the website (where applicable) will automatically constitute your agreement to be legally bound by the Terms. If you do not agree to be bound by these Terms, you may not use the website(s) or the services provided by the Company through its website(s).
This website is owned by Dike and Son Ltd, a trading name Dike and Son Ltd (Dorset) (hereafter the "Company") , a company registered in England and Wales (company number 272536), whose registered office is at Ring St, Stalbridge, Dorset, DT10 2NB. Our VAT registration number is 185340461
The following words used in these Terms shall have the following meanings:
"Personal Information" shall mean all personal data and/or information provided by and about a User as further defined under Data Protection Legislation and including e-mail address (es), name, address, credit card, or other payment information, etc.;
"Company website" shall mean all websites on which the Company provides products and/or services;
"Company Products and Services" shall mean all products and/or services provided directly by the Company;
"Data Protection Legislation" shall mean all applicable privacy and data protection laws including the General Data Protection Regulation ((EU) 2016/679) and any applicable national implementing laws, regulations and secondary legislation in England and Wales relating to the processing of Personal Information and the privacy of electronic communications, as amended, replaced or updated from time to time, including the Privacy and Electronic Communications Directive (2002/58/EC) and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003/2426);
"3rd Parties" include all advertisers, partners and affiliate vendors that are included on, or linked to, the Company web site(s);
"User" shall mean all Users of the Company website(s) and services.
These terms of sale apply to all goods and services supplied by Dike and Son (Dorset) Ltd via http://www.dikeandson.co.uk The website is governed by the following terms and conditions; they do not affect your statutory rights.
Age Restrictions: You may only set up an account and order goods from our website if you are aged 18 or over, as we are an ethical retailer committed to upholding our legal obligations relating to age-restricted items. We may ask you to confirm your date of birth when you set up an account with us, and we reserve the right to operate a personal identity check.
Dike & Son follows a "Think 25" policy when delivering age-restricted items. It is your responsibility to ensure that the person accepting a delivery is over 18 and can demonstrate this if challenged. If the person receiving the goods looks under 25, photo ID proof of age such as a driving licence or passport will be requested. If proof is not available and there is no-one of that age at the address when delivery is being made, then we may not hand over your delivery. At our discretion, we may remove the age restricted products and hand over the remainder of your delivery.
Delivery area: For local delivery purposes, the delivery address needs to be within our designated delivery area.
Description and price of goods
We have taken care to describe and show items as accurately as possible. Despite this, slight variations in items may occur. We provide you with product information on http:// www.dikeandson.co.uk. If there is anything which you do not understand, or if you wish to obtain further information, please contact our customer services team on 01963 362204.
Product images are for illustrative purposes only. Although we have made every effort to display colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the products. Your products may vary slightly from those images.
We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). We reserve the right to alter all product pricing without notice.
All prices include VAT (where applicable) at the current rates. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.
Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this website.
Placing an order
You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.
The contract is subject to your right of cancellation (see below).
Any order placed by you for goods advertised on our website is an offer by you to purchase the goods selected in your order. No contract exists between you and us for the sale of any goods until we have received your order and accepted it (which we may do at our discretion). Our acceptance of an order takes place when we dispatch the order even if your payment has been processed immediately.
We may refuse at our discretion to accept an order:
(a) where we cannot obtain authorisation for your payment or authorisation is obtained but address verification cannot be confirmed;
(b) if there has been a pricing or product description error;
(c) if you do not meet any eligibility criteria set out above in our terms and conditions;
(d) where goods ordered by you are not available; or
(e) if we do not deliver to your area.
Where we do not accept your order but have processed your payment, we will re-credit your account with any amount deducted by us from your debit or credit card as soon as possible, but in any event within 30 days of your order. We will not be obliged to pay any additional amount as compensation for disappointment.
You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
Payment can be made by any of the options advertised on our website. Payment shall be due before delivery. If payment fails, your order will be cancelled. There will be no delivery until clear funds have been received.
Payment online: Our secure server software encrypts all your payment card details. The process scrambles all the information, allowing no unauthorised third party to intercept the data. Your browser will confirm that you are shopping in a secure environment by showing either a locked padlock icon or an image of a padlock next to the payment details in the relevant area of the website (Check Out).
To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases.
Consumer right of return and refund
This clause only applies if you are a consumer.
If you are a consumer, you have a legal right to cancel a contract during the period set out below. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a product, you can notify us of your decision to cancel the contract and receive a refund. Advice about your legal right to cancel the contract is available from your local Citizens' Advice Bureau or Trading Standards office.
However, this cancellation right does not apply in the case of:
(a) any made-to-measure or custom-made products or products made to your specification or clearly personalised;
(b) newspapers, periodicals or magazines;
(c) perishable goods, such as food, drink or fresh flowers;
(d) software, DVDs or CDs which have a security seal which you have opened or unsealed
(e) goods are not faulty but have been used; or
(f) goods are not faulty and are returned without retailing packaging or are returned in an unsaleable condition.
Right to cancel
You have the right to cancel this contract within 28 days without giving any reason.
The cancellation period will expire after 28 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods or the last good or the last lot or piece (as the case may be).
To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post to the Company at Dike and Son Ltd, Ring St, Stalbridge, Dorset, DT10 2NB or e-mail to email@example.com).
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.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay, and not later than:
(a) 7 days after the day we receive back from you any goods supplied; or
(b) (if earlier) 7 days after the day you provide evidence that you have returned the goods; or
(c) if there were no goods supplied, 7 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; in any event, you will not incur any fees as a result of the reimbursement.
If the consumer has received goods in connection with the contract you shall send back the goods or hand them over to us at Dike and Son Ltd, Ring St, Stalbridge, Dorset DT102NB without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
We will deliver goods ordered by you as soon as possible to the address you give us for delivery, but in any event within 7 days of your order.
Title for consumers
Title in any products ordered from us does not pass to you, the purchaser until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been shipped.
Faulty Product, Damaged, or Dead on Arrival
Please note that any products returned to us which you claim to be defective will be checked and verified by our technicians. Any returned products that are not found to be defective will be returned to you and we shall charge you for the returned transport costs via your original payment method or hold the product until full payment has been received by us for the return transport costs.
If you notify a problem to us under this condition, our only obligation will be, at your option:
(a) to make good any shortage or non-delivery;
(b) to replace or repair any goods that are damaged or defective; or
(c) to refund to you the amount paid by you for the goods in question in whatever way we choose.
Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and 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 in question as above.
Limitation of Liability
The Company will not be liable to you for any loss or damage in circumstances where:
(a) There is no breach of a legal duty owed to you by us or by our employees or agents;
(b) Such loss or damage is not a reasonably foreseeable result of any such breach;
(c) Any increase in loss or damage resulting from breach by you of any term of this contract.
Our liability (and that of our officers, directors, employees, shareholders or agents) of any kind (including our own negligence) with respect to products or services purchased from the Company for any one event or series of related events is limited to the total fees which you have paid to us in the 12 months before the event(s) complained of.
In no event (including our own negligence) will we be liable for any:
(a) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
(b) loss of goodwill or reputation;
(c) special, indirect or consequential losses; or
(d) damage to or loss of data;
(even if we have been advised of the possibility of such losses).
Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
The resale of Company products and services is not permitted, unless expressly permitted by these Terms or in a separate written agreement.
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
Requests to use the Company name or website content for any purpose other than as permitted in these Terms shall be directed to the Company at: firstname.lastname@example.org
The Company shall not be liable for User interactions with any 3rd-parties, businesses and/or individuals found on the Company web site or through the services provided. This includes, but is not limited to, payment and delivery of services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between User and such 3rd-parties, businesses and/or individuals. The User understands and agrees that the Company is not responsible for any damage or loss incurred as a result of any such dealings. The Company is under no obligation to become involved in disputes between Users of our website, or between Users on our web site and any 3rd-party. In the event of a dispute, the User agrees to release the Company its officers, employees, agents and successors in rights, from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.
Dike and Son Ltd recognizes that any data provided by a User to us is extremely important and we shall, therefore, be particularly sensitive in handling such data.
The Dike & Son Ltd Loyalty Card Club is run in the UK. Members of the Loyalty Card Club may collect points on their “Card” (which term shall include any card, key fob, mobile app or additional item linked to the Loyalty Card Club that may be issued by Dike & Son Ltd). You can start collecting points immediately upon receiving your Card, by registering your details via www.loyalty.dikes-direct.co.uk or completing the hard copy application form.
Contact us on 01963 362204 if you have any issues or queries.
Usage of the Loyalty Card constitutes acceptance of the terms and conditions.
1. The Dike & Son Ltd Loyalty Card Club commenced on 8 September 2021.
2. To participate in the Dike & Son Loyalty Card Club you must have registered your details and have a mobile phone, email or internet access. It may take up to 25 working days to process a paper registration form. You may still collect points but may not be able to redeem them during that time.
3. This Loyalty Card Club is open to residents of the UK who are over the age of 18 when they register.
4. You must present your Loyalty Card when you make an eligible purchase in order to earn points on that purchase.
5. Points cannot be earned for purchases of cigarettes and tobacco products, medicines or infant formula, postage or savings stamps, gift vouchers, gift cards, vending machine purchases, mobile telephone top-up cards, PayPoint transactions, Lottery or scratch-card purchases. Other products may be excluded at the discretion of Dike & Son Ltd or by operation of the law.
6. Points will be added to your account as soon as the transaction is completed in-store.
7. For online shopping purchases, Loyalty Club points will be added to your account by a member of our picking team at the point of checkout.
8. If Dike & Son Ltd refunds or adjusts any of your purchases, we will make the corresponding adjustment to the points on your account.
9. No monetary value to the participant attaches to the points earned. Points are non-transferable.
10. Any special offers for Loyalty Club members must be availed of within any time periods specified. All offers are subject to availability and may be amended or withdrawn at any time. This includes any William’s Café offers such as free hot drinks.
11. Any special Loyalty Card promotions, such as the Christmas Saver scheme or token collecting schemes, must be availed of within any time periods specified. All offers are subject to availability and may be amended or withdrawn at any time.
12. Accounts that remain dormant for 24 months may be deleted at our discretion.
13. Dike & Son Ltd will not be liable for any unauthorised use of your Loyalty Card or use of your points in any circumstances, including loss or theft.
14. We reserve the right to revoke your membership of the Loyalty Card Club at any time at our discretion and if this happens, your points will be forfeited. In each case, Dike & Son will not be liable for any resulting loss or damage.
15. Members will be required to provide their full name, postal address including postcode, and an email address or telephone number.
16. By using your Loyalty Card, you consent to Dike & Son retaining your information, including details of purchases, and using that information to inform you of offers and services which may be of interest to you.
17. Members of the Dike & Son Loyalty Card Club who tick the boxes for email or SMS will be signed up to receive notifications from us.
18. Dike & Son Ltd may disclose entrants’ personal information to its external data controllers and businesses that process our Loyalty Card Club for the purpose of conducting this scheme or communicating with entrants.
20. You have the right to request a copy of your data currently held by us, and to rectify or remove personal details, by writing to Adam Vincent, Dike & Son Ltd, Ring Street, Stalbridge, Dorset DT10 2NB or calling us on 01963 362204 or emailing email@example.com.
21. If for any reason any aspect of the Dike & Son Loyalty Card Club is not capable of operating as planned, Dike & Son may, in its sole discretion cancel, terminate, modify or suspend the Loyalty Card Club.
22. Subject to Clause 21, the Dike & Son Loyalty Card Club may be terminated at any time upon giving two months’ notice.
23. Dike & Son Ltd may withdraw, cancel or change these Terms & Conditions at any time.
24. If any provision of these Terms & Conditions is found to be void, unlawful or unenforceable for any reason, that portion shall be deemed severable from these Terms & Conditions and shall not otherwise affect the validity and enforceability of any remaining provisions.
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