1.1 "Buyer" means
the individual or organisation who buys or agrees to buy the Goods from
the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 12
of the Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract between the Seller and the
Buyer for the sale and purchase of Goods incorporating these Terms and
Conditions;
1.4 "Goods" means the articles that the Buyer agrees to buy
from the Seller;
1.5 "Seller" means D. A’mours. trading as D. A’mours
of 7 Flintway, Wath upon Dearne, Rotherham, South Yorkshire, United Kingdon,
S63 7TS, that owns and operates the D. A’mours website;
1.6 "Terms and Conditions" means the terms and conditions of
sale set out in this agreement and any special terms and conditions agreed
in writing by the Seller;
1.7 "Website" means the D.A’mours website: www.damours.co.uk
2 Conditions
2.1 Nothing in these Terms
and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale
of Goods by the Seller to the Buyer and shall prevail over any other documentation
or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence
of the Buyer’s acceptance of these Terms and Conditions.
2.4 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.
2.5 Any complaints should be addressed to the Seller's address stated
in clause 1.5.
3 Ordering
3.1 All orders for Goods shall
be deemed to be an offer by the Buyer to purchase Goods pursuant to these
Terms and Conditions and are subject to acceptance by the Seller. The
Seller may choose not to accept an order for any reason.
3.2 When making an order through the website, the technical steps the
Buyer needs to take to complete the order process are described within
the website.
3.3 For ‘Stock Items’ and if you are the consumer you have
the right, in addition to your other rights, to cancel the contract and
receive a refund by informing us in writing or by email within 48 hours
of placing your order. You will receive a refund of all monies paid for
the order within 30 days of cancellation.
4 Price And Payment
4.1 The price of the Goods
shall be that stipulated on the Website.
4.2 The total purchase price, including delivery charges, will be displayed
to the buyer prior to confirming the order.
4.3 After the order is received the Seller shall confirm by email the
details, description and price for the Goods. If these differ from the
details, description and/or price shown on the website, the buyer shall
be entitled to cancel the order.
4.4 Payment of the price including delivery charges must be made in full
before dispatch of the Goods.
4.5 All the prices on the website are in Pounds Sterling, all payments
must be made in Pounds Sterling. We cannot accept payments in any other
currency. We accept Credit/Debit Cards, Personal cheques and Postal Orders.
5 Rights Of Seller
5.1 The Seller reserves the
right to adjust the price and specification of any item on the website
at its descretion.
5.2 The Seller reserves the right to withdraw any goods from the Website
at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods
from the Website or for refusing to process an order.
6 Warranty
The Seller warrants that the
Goods will at the time of despatch correspond to the description given
by the Seller. Except where the Buyer is dealing as a Consumer, all other
warranties, conditions, or terms relating to fitness for purpose, merchantability
or condition of the Goods.
7 Dispatch/Delivery
7.1 ‘Stock Items’
are normally dispatched within 7 working days of receipt of order.
7.2 ‘Made to Order’ items will normally be dispatched within
10 days of receipt of payment.
7.3 Where a specific delivery date has been agreed, and where this delivery
date cannot be met, the Buyer will be notified and given the opportunity
to agree a new delivery date or receive a full refund.
7.4 The Seller shall use its reasonable endeavours to meet any date agreed
for delivery. In any event time of delivery shall not be of the essence
and the Seller shall not be liable for any losses, costs, damages or expenses
incurred by the Buyer or any third party arising directly or indirectly
out of any failure to meet any estimated delivery date.
7.5 Delivery of the Goods shall be made to the Buyer’s address specified
in the order and the Buyer shall make all arrangements necessary to take
delivery of the Goods whenever they are tendered for delivery.
7.6 Title and risk in the Goods shall pass to the Buyer upon delivery
of the Goods.
8 Cancellation And Return
8.1 The Buyer shall inspect
the Goods immediately upon receipt and shall notify the Seller within
7 working days of delivery, if the Goods are damaged or do not comply
with any of the Contract. If the Buyer fails to do so the Buyer shall
be deemed to have accepted the Goods.
8.2 Where a claim of defect or damage is made, the Goods shall be returned
by the Buyer to the Seller. The Buyer shall be entitled to a full refund
(including delivery costs) plus the cost of returning the item via 2nd
Class recorded delivery if the Goods are in fact defective.
8.3 If you are the consumer, you have the right, in addition to your other
rights, to cancel the contract a receive a refund by informing us in writing
or by email within 7 working days of receipt of the Goods. Goods must
be returned at your cost and should be adequately insured during the return
journey. You will receive a refund of all monies paid for the Goods (including
delivery charges) except for return postal charges within 30 days of cancellation.
8.4 Goods returned must be in the original packaging, tags attached,with
a cover letter stating your reason for return, email address, contact
address and order number.
8.5 Where returned Goods are found to be damaged due to the Buyer’s
fault, the Buyer will be liable for the cost of remedying such damage.
9 Returns – ‘Made
to Order’ Items
9.1 If the Buyer had the Goods
made to specification or personalised, the items cannot be returned. The
buyer shall inspect the Goods immediately upon receipt and shall notify
the seller within 7 days of delivery if the Goods are damaged or do not
comply with any of the Contract. If the Buyer fails to do so, the Buyer
shall be deemed to have accepted the Goods.
9.2 Where a claim of defect or damage is made the Goods shall be returned
by the Buyer to the Seller. The Buyer shall be entitled to a full refund
(including delivery costs) plus the cost of returning the item via 2nd
class recorded delivery if the Goods are in fact defective.
9.3 Goods returned must be in the original packaging, tags attached,with
a cover letter stating your reason for return, email address, contact
address and order number.
9.4 Where returned Goods are found to be damaged due to the Buyer’s
fault, the Buyer will be liable for the cost of remedying such damage
10 Limitation Of Liability
10.1 Except as may be implied
by law where the Buyer is dealing as a Consumer, in the event of any breach
of these Terms and Conditions by the Seller the remedies of the Buyer
shall be limited to damages which shall in no circumstances exceed the
Price of the Goods and the Seller shall under no circumstances be liable
for any indirect, incidental or consequential loss or damage whatever.
10.2 Nothing in the Terms and Conditions shall exclude or limit the liability
of the Seller for death or personal injury resulting from the negligence
of the Seller or that of the Seller’s agents or employees.
11 Waiver
No waiver by the Seller (whether
express or implied) in enforcing any of its rights under this contract
shall prejudice its rights to do so in the future.
13 Severance
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.
14 Changes To Terms And Conditions
The Seller shall be entitled
to alter these Terms and Conditions at any time.
15 Governing Law And Jurisdiction
These Terms and Conditions
shall be governed by and construed in accordance with the law of England
and the parties hereby submit to the exclusive jurisdiction of the English
courts.
Returns policy.
If you need to return your
goods, please inform us by way of letter, fax or email, you must return
the unused goods, with tags intact, in original packaging with a covering
letter and your reason for return within 7 working days from receipt of
receiving your goods.
We will offer you a refund or exchange. This does not affect your legal
rights, including your right to claim a refund, replacement or repair
where the goods are faulty or misdescribed.
Please note postage or other return costs are the customers responsibility,
we will not accept any responsibility if, on return the goods our damaged
or lost in transit, we therefore advise you return your goods using recorded
delivery.
We will notify you when your return has reached us, a exchange or refund
will be issued within 30 days.
Please note you can not return your goods if the item has been made to
your specifications or personalised, however if the item is faulty you
can claim a refund or exchange.
Faulty/Damaged goods.
If your goods arrive faulty
you must inform us within 24 hours of receipt, and return them to us,
using 2nd class recorded delivery within 7 days of receipt, all verified
faulty goods will be fully refunded including all P&P costs.
We advise that you read our terms & conditions regarding all matters.
All returns and correspondence
must be sent to:
D.A'mours
57 Far Golden Smithies
Swinton
Rotherham
South Yorkshire
S64 8DD
You may also contact us via
our website.
Proprietor Debby Armour. D.A'mours. 57 Far Golden Smithies, Swinton,Rotherham,S64
8DD.
Payment Details
Ordering through our website
is simple. The method of payment we prefer is via Paypal, although we
also accept cheques and postal orders.
We do not accept cash or vouchers.
International customers payment
is paypal only.
Once you have browsed through are collections you will see that moving
the cursor over the thumbnails will provide the item description colour
options and price.To order, select the colour and fitting (haircomb or
headband), if available, by using the drop down menu. You can view the
shopping cart or remove items at any time.
Please note if you are customising
the product yourself by choosing your own colours from the colour chart,
NOT FROM THE DROP DOWN MENUS, please proceed with the instructions as
above. When you are directed to Paypal, please state your required colour
in the 'notes to seller' section. Our design team will then style your
product to your requirements.
If you are paying by credit
or debit card, you will be directed to Paypal to process your payment.
If you have used Paypal before, please login and proceed as usual.
If you are new to Paypal, click
on the 'click here' button ( this is next to 'if you do not have a Paypal
account'). Please note you are not charged for using this service.
Once you have clicked the button, check that all the information is correct
then click the 'continue checkout' button where you will be prompted to
enter your credit/debit card details.
D.A'mours does not have access
to your credit/debit card details. These are passed directly from Paypal
in an encrypted form to your bank. We, like you, receive a transaction
receipt as proof of your payment.
For further information please
read Payment Security within the Paypal website.
If paying by cheque or postal order, please order as usual, using the
online shopping cart. When you have entered your delivery details into
the form, you will be taken to a confirmation page displaying all of your
order information. At this point, you must print out a copy of the page
so that you can include it along with your cheque/postal order. Do not
go any further than this unless you wish to be redirected to Paypal.
Please make cheques and postal
orders payable to 'D. Armour' and post to:
D.A'mours
57 Far Golden Smithies
Swinton
Rotherham
South Yorkshire
S64 8DD
If paying by cheque, please
allow 5 working days for your payment to clear. We will contact you on
receipt of your payment.
Payment Security: Our credit and debit card verification is carried out
by Paypal - a leading provider of secure online credit card processing.
Paypal is authorised by all major banks and card companies in the UK to
carry out the processing of credit and debit card transactions. Please
be assured that once you move onto the payment section (Paypal), your
private details and card details are secure. Payapl uses 128-bit encryption
( a gold padlock symbol is displayed at the foot of your browser).
For other information please
read terms and conditions on the Paypal website.