General terms and conditions of sale
These general terms and conditions of sale (“General Terms and Conditions of Sale”) apply to any order you place through the Dark Woods Coffee website at www.darkwoodscoffee.co.uk (the “Website”). You must read these General Terms and Conditions of Sale carefully. By placing an order through the Website, you confirm that you have read, understood and agree to these General Terms and Conditions of Sale in their entirety. If you do not agree to these General Terms and Conditions of Sale in their entirety, you must not order any product or service through the Website.
Website terms and conditions
Whenever you use this Website to order Dark Woods Coffee product or service, our Website Terms and Conditions will apply to your use of the Website in addition to these General Terms and Conditions of Sale. By ordering a Dark Woods Coffee product or service through the Website, you shall be deemed also to have read, understood and agreed to our Website Terms and Conditions.
Product and service descriptions
We have taken reasonable precautions to try to ensure that prices quoted on the Website are correct and that all products have been fairly described. However, when ordering products or services through the Website, please note that:
- orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on this Website;
- all retail prices are displayed in pounds sterling inclusive of UK VAT, unless expressly indicated otherwise.
- packaging may vary from that shown on the Website;
- the weights, dimensions and capacities shown on the Website are approximate only
- whilst we try to display the colours of our products accurately on the Website, the actual colours you see will depend on your monitor and we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery.
- all items are subject to availability. We will inform you as soon as possible if the product(s) or service(s) you have ordered are not available and we may offer alternative product(s) or service(s) of equal or higher quality and value.
Age restrictions on purchase
The purchase of certain products and services made available on the Website are subject to age requirements specified by law. We are not permitted by law to supply these products or services to individuals who do not satisfy these age requirements and, if you are underage, you must not attempt to order these products or services through the Website.
If you order a product or service as a gift for a friend or relative, we may offer you the opportunity to add a gift message to your purchase. If you choose to use the gift message service, you acknowledge and agree that:
- the gift message service is provided for your own personal and non-commercial use only;
- the gift message you instruct us to send on your behalf to a third party will not contain anything which could be construed as harassing, threatening, vulgar, abusive, obscene, defamatory, racist or which may cause embarrassment or distress to any person or which is otherwise unlawful or objectionable;
- you will not impersonate any person, including but not limited to any of our employees or customers;
- you are entirely responsible for the text and other content of your gift message and Dark Woods Coffee accepts no liability for any such content;
- we do not pre-screen messages, but may monitor content from time to time for the purpose of guarding against unlawful or inappropriate gift message; and
- we have the right to refuse to send messages and to terminate access to the gift message service at any time and without liability to you.
The total price payable will be stipulated at the time when you place your order whether or not the order has been acknowledged. We are entitled to make adjustments to the price to take account of any increase in our suppliers’ prices, or the imposition of any taxes or duties, or if due to an error or omission the price published for the goods is wrong whether or not the order has been acknowledged. We will inform you of the correct price and give you the opportunity to cancel the order. All retail prices are inclusive of VAT but exclusive of delivery charges which will be payable as indicated at the time the order is placed.
From time to time the prices displayed on the Website may be different if you are directed to it from a third party website. Purchases at these prices can only be made on the Website and by arriving on it through a relevant third party website; these prices will not be available in-store or over the telephone. Prices, offers and products are subject to availability and may change before (but not after) we accept your order. If a product becomes unavailable we may offer you an alternative or suggest that you (re-)visit one of our stores.
On occasion, the prices payable and promotions offered in respect of goods advertised on the Website may differ from those prices and promotions offered at the same time in-store. We are under no obligation to honour any in-store price or promotion in the event that they differ from those on the Website. Similarly, our store is under no obligation to honour any Website price or promotion in the event that they differ from those in-store.
Although we endeavour to ensure that all pricing information on the Website is accurate, occasionally an error may occur and goods may be mispriced. If we discover a pricing error we will, at our discretion, either: contact you and ask you whether you wish to cancel your order or continue with the order at the correct price; or notify you that we have cancelled your order. We will not be obliged to supply goods at the incorrect price.
Prices that are reduced for sales and promotions are only valid for the specified period.
Acceptance of your order
Please note that completion of the online checkout process does not constitute our acceptance of your order. Our acceptance of your order will take place only when we dispatch the product(s) or commencement of the services that you ordered from us.
If you supplied us with your email address when entering your payment details (or if you have a registered account with us), we will notify you by email as soon as possible to confirm that we have received your order.
All products that you order through the Website will remain the property of Dark Woods Coffee until we have received payment in full from you for those products.
All card payments are subject to authorisation by your card issuer and we take payment when we accept your order shortly before dispatch. If your payment is not received and you have already received the products you ordered from us, you must pay for the products or return those products to us in accordance with reasonable return instructions that we provide to you and in the same condition that you received them at your own expense. If you do not do this within 30 days of the date on which we cancel your order, we may collect (or arrange for collection) of the products at your expense. We reserve the right to charge you for any and all damage to (or other adverse interference with) any products that are the subject of an unpaid order.
If we cannot supply you with the product or service you ordered, we will not process your order, inform you of this in writing (including email) and, if you have already paid for the product or service, refund you in full as soon as reasonably possible.
Security (sagepay formerly protx)
We use the industry leading internet payment company Sagepay to protect your card details and protect us from fraud. The following security systems are used. Transaction security. All transaction information passed between merchant sites and the Sagepay VSP Systems is encrypted using 128-bit SSL certificates. No cardholder information is ever passed unencrypted and any messages sent to your servers from Sagepay are signed using MD5 hashing to prevent tampering. You can be completely secure in the knowledge that nothing you pass to the Sagepay servers can be examined, used or modified by any third parties attempting to gain access to sensitive information.
Encryption and Data Storage. All sensitive data is secured on Sagepay using the same internationally recognised 256-bit encryption standards used by, among others, the US Government. The encryption keys are held on state-of-the-art, tamper proof systems in the same family as those used to secure VeriSign’s Global Root certificate, making them all but impossible to extract. The data held is extremely secure and the system is regularly audited by the banks and banking authorities to ensure it remains so.
Links to banks. Sagepay has multiple private links into the banking network that are completely separate from the Internet and which do not cross any publicly accessible networks. Any cardholder information sent to the banks and any authorisation message coming back is secure and cannot be tampered with. Employee access. No individuals within Dark Woods Coffee or Sagepay are able to decrypt transaction information or cardholder data. Our systems only allow access to our most senior staff and only in extenuating circumstances (such as investigations of Card Fraud by the Police). Your transaction information and customer card information is secure even from our own employees because our systems never display the full card numbers, even on administration screens.
Purchases will be made in pounds Sterling and inclusive of UK VAT. International credit card providers or banks will determine the exchange rate and may add an additional processing or administration charge in relation to such payment which international credit card holders will be liable to pay. Dark Woods Coffee products are sold on a delivery duty unpaid basis. The recipient may have to pay import duty or a formal customs entry fee prior to or on delivery. Additional taxes, fees or levies may apply according to local legislation and customers are required to check these details before placing an order for international delivery.
Occasionally, the supply of your product(s) or service(s) may be delayed or prevented for reasons beyond our control, for example, material shortages, import delays or higher than anticipated demand. Where this is the case, we will, of course, make every effort to keep you informed but shall be under no liability to you for such delay or failure.
Your right to cancel
If you are a UK consumer, you have the legal right, under the Consumer Protection (Distance Selling) Regulations 2000 to cancel your order within seven working days following your receipt of the goods. Refunds for orders cancelled under the provisions of the Consumer Protection (Distance Selling) Regulations will be processed in accordance with your legal rights. For further information about your statutory rights, contact your local authority Trading Standards department or consumer advice. If you wish to cancel (or are considering cancelling) a product or service you have ordered from us, please be aware of the following terms that apply:
Applicability of cancellation rights: Legal rights of cancellation under the Distance Selling Regulations available for UK or EU consumers do not apply to certain products and services (for example food, gifts and personalised items).
We want you to be entirely satisfied with your purchase. If for any reason you need to return your item(s) please do so within 7 days of receipt in the original packaging, if available, along with the original dispatch advice and reason for return, indicating whether you require a refund or replacement. Upon receipt we will arrange a replacement or refund of the goods value as required. Please note items must be returned in original condition. If the product is damaged in any way or has been broken in transit, please contact us on firstname.lastname@example.org. Nothing in this Returns Policy affects your statutory rights or your rights under any contract you may have with us.
We will use reasonable skill and care in fulfilling any order placed by you which is accepted by us. However, we exclude all other representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extent permitted by law and, except where required by law, we will not be liable for any special, indirect, incidental, consequential or economic loss or for loss of profits or revenues howsoever caused arising in connection with any order placed by you.
Notwithstanding the above, our total liability (whether in contract, tort, negligence or on any other basis) to you, for any loss or damage shall be limited to the sums paid or payable for the relevant product or service you ordered from us.
We will not be liable to you where we breach these General Terms and Conditions of Sale due to any cause that is beyond our reasonable control, including acts of God, explosions, floods, tempests, fires or accidents; wars or threats of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes; difficulties in obtaining materials; labour, fuel, parts or machinery; power failure or breakdown in machinery.
Nothing in these General Terms and Conditions of Sale shall limit our liability for personal injury or death caused by our negligence or for any other liability the exclusion of which is not permitted by applicable law. Nothing in these terms will reduce your legal rights relating to faulty or mis-described goods. For further information about your legal rights in the UK, contact your local authority Trading Standards Department or Citizen’s Advice Bureau.
Other important terms
We may update or amend these General Terms and Conditions of Sale from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website. These General Terms and Conditions of Sale supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written or otherwise.
You may not assign or sub-contract any of your rights or obligations under these General Terms and Conditions of Sale to any third party unless we agree in writing. We may assign, transfer or sub-contract any of our rights or obligations under these General Terms and Conditions of Sale to any third party at our discretion.
Dark Woods Coffee is committed to protecting your privacy. We will only use information given at the time of ordering or when making an enquiry by whatever means is collected lawfully and in accordance with the Data Protection Act 1998. We do not pass your personal information on to third parties. All transactions that you initiate with Dark Woods Coffee on this web site are confidential. Your name will not be added to any third party mailing lists.
The Data Protection Act: Under the terms of the Data Protection Act 1998, we have a duty to protect any information we collect from you. It will not be disclosed to any other organisation unless you give explicit permission, or there is a legal obligation to do so. We collect information about you for two main reasons:
- To process your online order.
- To provide you with the most efficient possible service.
The information collected will be used to personally keep in touch and let you know of any offers, sales or promotions that Dark Woods Coffee are carrying out (if you have selected to receive these emails/newsletters).
Right to request information: You have a right to request a copy of any personal data held by Dark Woods Coffee at any time, in order to check its accuracy. If you wish to do this, please write (explaining that your interest is in personal data maintained by Dark Woods Coffee) to:
Dark Woods Coffee
West Slaithwaite Road
No relaxation or delay by us in exercising any right or remedy under these General Terms and Conditions of Sale shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
If any of these General Terms and Conditions of Sale are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these General Terms and Conditions of Sale shall remain in full force and effect.
Only you and we shall be entitled to enforce these Terms of Sale. No third party shall be entitled to enforce any of these Terms of Sale, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
These General Terms and Conditions of Sale are governed by English law. In the event of any matter or dispute arising out of or in connection with these General Terms and Conditions of Sale, you and we shall submit to the exclusive jurisdiction of the English courts.