Terms of Service
"We", "Us", "Website", "Our", "DiMand Crafts" refers to us as the business supplying products to you.
- This document (together which any documents referred to in it) outline to you the terms and conditions upon which we sell and supply our products to you.
- Before confirming your order, please read through these terms and conditions and in particular our cancellations policy at clause 10.
- Before confirming your order please print a copy of these terms and conditions for your future reference.
- We reserve the right to revise and amend the website, our disclaimers and the conditions at any time without notice to you. Your continued use of the website (or any part thereof) following a change shall be deemed to be your acceptance of such a change. It is your responsibility to check regularly to determine whether we have changed these conditions.
- You agree that email and other electronic communication can be used as a long-distance means of communication and acknowledge that all contracts, notices and information that we provide to you electronically comply with any legal requirements that such communications be in writing.
- We will contact you by email or provide you with information by posting notices on our website.
3. Overseas Orders.
- Our website is primarily intended for use by customers in England, Wales, Scotland, Northern Ireland (the United Kingdom). Customers from outside the United Kingdom may use this website only if we ship to their location.
- When registering on our website you must supply an email address and choose a password. You are responsible for all actions taken under your chosen credentials.
- By registering to the website you undertake that all the details you provide to us for the purpose of registering on the website and purchasing items from us are true, accurate, current and complete in all respects.
- By registering to the website you undertake to notify us immediately of any changes to the information provided on registration or to your personal and sensitive information.
- By registering to the website you undertake that over 18 years old or if you are under 18 you have a parent or guardian's permission to register with and purchase items from the website in conjunction with and under their supervision.
- By registering to the website you undertake to only use the website using your own login credentials.
- By registering to the website you undertake every effort to keep your login credentials safe and secure.
- By registering to the website you undertake not to disclose your login credentials to anyone, including close friends and relatives.
- By registering to the website you undertake to change your password immediately upon discovering that is has been compromised.
- By registering to the website you undertake to neither transfer or sell your login credentials to anyone, nor permit, either directly or indirectly, anyone other than you to use them.
- You authorise us to transit your name, address, and other personal information supplied by you (including update information) to obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity where required to do so.
- We reserve the right to terminate an agreement formed with you pursuant to clause 8. below and to suspend or terminate your access to the website immediately and without notice to you if: you fail to make any payment to use when due; if you breach these terms and conditions (repeatedly or otherwise); you are impersonating any other person or entity; when requested to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity; if we suspect than you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity on the website.
- To be eligible to purchase from this website and lawfully enter into and form contracts with us, you must be: 18 years of age or over; be legally capable of entering a binding contract.
- If you are under 18 years of age, you may only use this website in conjunction with, and under the supervision of, a parent of guardian. If you do not qualify, you must not use our website.
- The prices of our products are set on our website.
- We reserve the right, by giving notice to you at any time before delivery or performance of our obligations to you, to increase the price of our products to reflect any increase in the cost to us due to any factor beyond our control (such as without limitation, any foreign currency exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture). In the unlikely event of this occurring, you shall be entitled to cancel the order at any time.
- By placing an order, you consent to payment being charged to your mode of payment account as provided on the order form.
- Payment will be debited and cleared from your account before we send a product.
- We will take reasonable care, in so far as it in in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data you provided when accessing and order products from our website.
8. Order Process and Formation of a Contract.
- All orders are subject to acceptance and availability. If any products are not available, you will be notified by email and you will have the option to either wait until the item is available or to cancel your order. It is your responsibility to provide us with a valid email address so that we may contact you if necessary.
- Any order placed by you constitutes an offer to purchase products from us. All such offers received are subject to acceptance by us and we reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation to you.
- You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly.
- You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the products ordered by you from the website.
- A contract between you and us incorporating these terms and conditions with only subsist after we have debited your payment method and sent a confirmation to you. This confirmation will be sent in the form of an email. The confirmation email will amount of an acceptance of your offer to buy the product(s) from us. The contract with only be formed when we send you the confirmation email (whether or not you receive it).
- Where we agree to supply a product to you permanently or an ongoing (continuous) basis, such as by subscription, they shall be provided for a fixed period of time. The length of the maximum duration will depend on which package of product you have selected to purchase and is provided on the website.
- The contract will relate only to the product(s) stated in the confirmation email. We are not obliged to supply any other products which may have been part of your order until we have sent another confirmation email relating to it.
- You must check that the details contained in the confirmation email are correct and you should print out a copy and keep it safe for future reference.
- You will be subject to the version of our policies and conditions in force at the time that your order was placed, unless: any change to those policies or these conditions is required to be made by law or government authority; we will notify you of any changes to our policies or these conditions before we send you a confirmation email, in which case, we are entitled to assume that you have accepted it, unless we receive written notification from you to the contrary within seven working days of receipt of the confirmation email.
9. Delivery and Dispatch.
- Any dates quoted for products are approximate only. If no date is specified then it will take place within 30 days or a reasonable time of the date on the confirmation email, unless there are exceptional circumstances.
- All orders will be sent to the address listed in your account. We cannot be held responsible if you do not update your address before placing an order.
- We shall not be liable for any delays in delivery, however caused. Please be aware that delivery times may slip during peak and holiday periods, you should order products in advance between November and January to ensure that your order arrives on time.
- Orders may be sent to you in installments if all products are not available at the time of your order but we are expecting more stock within a week of your order date. You will be contacted in such a circumstance.
10. Your Right to Cancel and Return.
- You may cancel your order at any time prior to receiving a confirmation email from as long as you contact us in writing before you order is dispatched. You can send us a cancellation notice by sending an email to the email address supplied on the contact page. Your notice must quote your name, address and order number.
- Returns will be considered but cannot be guaranteed, you must request a refund from inside your account to begin the process. We will then review your request and send you a confirmation email outlining our decision.
- Sadly we will not accept the return of goods unless
- the goods are unused
- the goods are in original condition and packaging (with seal and shrink wrap in tact)
If we suspect that goods have been used or any of the above conditions are not met then we reserve the right to refuse a refund and return the goods to you. Products supplied in sealed packaging that have been open are non-refundable and non-exchangable unless the product has been damaged in transit. You may be liable for return postage costs.
- the goods are received by us within 14 days from the day you received your order
- You will not have the right to cancel an order for any goods or services purchased from us, in the following circumstances: if you expressly agree to us beginning to provide any service before the end of the cancellation period; the contract is for goods which are bespoke or have been personalised or which may deteriorate; the contract is for goods and/or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by us; the contract is for the sale of land, auctions and financial service agreements.
- If you have a comment, concern or complaint about our service or products, please contact us via the email address or phone number on our contact page.
12. Governing Law and Jurisdiction.
- The website is controlled and operated in the United Kingdom. Your local laws and jurisdictional laws may not apply to the use of this website.
13. Liability and Indemnity.
- Notwithstanding any other provision in the Conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for: death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation, action pursuant to section 2(3) of the Consumer Protection Act 1987, any matter for which it would be unlawful for us to exclude or attempt to exclude our liability.
- The Website is provided on as 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
- We will not be liable if the website is unavailable at any time.
- We make no representation or warranty of any kind express of implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.
- We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability for any kind for any loss or damage resulting from action taken in reliance on material or information contained on the Website.
- We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you download any material posted or sold on the Website or from any Website linked to it.
- We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so.
- We will not be liable, in contract or delict/tort (including, without limitation, negligence), or respect in pre-contract or other representations (other than fraudulent misrepresentations) or otherwise for: any economical losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings and any other consequential loss); or any loss of goodwill or reputation; or any special or indirect losses; or any loss of data; or wasted management or office time; or any other loss or damage of any kind suffered or incurred arising out of or in the connection with the provision of any matter under these Conditions and/or the Contract and/or the use of this Website or any suspect related to your purchase of the products from us even if such losses are foreseeable or result from a deliberate breech of these Conditions by us that would entitle you to terminate the Contract between us or as a result of any action we have taken in response to your breach of these Conditions. Without prejudice to the terms of this clause and in the event that we are unable to reply upon it, our liability for all and any losses you suffer as a result of using breaking the Contract, whether or not deliberate, including those listed in clause 13, is strictly limited to the purchase price of the products you purchased.
- You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising our of any breach of these Conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.
- This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.
14. Force Majeure
- We shall have no liability for delays or failures in delivery of performance of our obligations to you resulting from any act, events, omissions, failures or accident that are outside of our control ('Force Majeure'), which, without limitation, include: strikes, lock-outs or other industrial action, shortages of labour, fuel, power or raw materials, late, defective performance or non-performance by suppliers, private or public telecommunication, computer network failures or breakdown of equipment, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat of preparation for war, fire, explosion, storm, flood, earthquake, subsidence or epidemics, acts, decrees, legislation, regulations or restrictions or other causes beyond our control.
- Our performance will be deemed to be suspended for the period that the event of Force Majeure continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to minimise any delay caused by Force Majeure or to find a solution by which our obligations may be performed despite the Force Majeure event. We shall promptly notify you of any Force Majeure event giving details and it and (where possible) the extent and the likely duration of any delay.
- Where the period of non-performance or delay in relation to any event of Force Majeure exceeded Cancellation period days from the date of notice to you of the event of Force Majeure, ether you or us may, by written notice to the other, terminate the Contract with immediate effect upon service.
Last Updated: 03-11-2012