Terms of Sale
We amend these Terms from time to time as set out below. Each time you place an Order you should check the Terms to ensure that you agree to them in their current form.
You may only purchase Products from the Site if you are 18 years or older.
HOW TO CONTACT US
If your question relates to your Order, please contact us at:
If your question relates to the Products, please contact us at:
The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the Products accurately your Products may vary slightly from those images. The packaging of the Products may vary from that shown on images on our site.
HOW WE USE YOUR PERSONAL INFORMATION
We only use your personal information in accordance with our Privacy Notice. Please take the time to read it, as it includes important terms which apply to you. If we have to contact you, we will do so by phone, e-mail or by post to the contact details you provide to us in your order in accordance with the terms of the Privacy Notice.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
After you place an order, you will receive an e-mail from us acknowledging that we have received your order. The Contract between us will be formed at the point that payment is taken. However, please note that this does not mean that your order has been accepted. Day2 reserves the right to refuse your order at its discretion. If this is the case, we will refund your order accordingly.
If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
CHANGES TO THE TERMS
We may revise these Terms as they apply to your Order from time to time to reflect changes in relevant laws and regulatory requirements. If we have to make changes to the Terms as they apply to your Order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, we may ask you to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
YOUR RIGHT OF RETURN AND REFUND
You may cancel a Contract at any time before your order is delivered and up to 14 days afterwards, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (see below).
To cancel a Contract, you just need to let us know that you have decided to cancel and, where you have already received the Product, return it to us in the same condition in which you received it (except to the extent reasonably necessary for you to examine it). You can do this by contacting us on the contact details set out below.
If you cancel your Contract we will:
- i) refund you the price you paid for the Products, subject to deducting the cost of any deterioration from you as permitted under the Regulations;
ii) refund any delivery costs you have paid, to a maximum of the cost of delivery by the least expensive delivery method we offer to your address;
iii) make any refunds due to you as soon as possible and in any event:
where you have not yet received the Product, within 14 days of you informing us of your wish to cancel the Contract; or
b. where you have received the Product, within 14 days of the date of which we receive the Product by return, or of the date on which you provide evidence that the Product has been returned:
We will refund you using the same payment card or account by which you made payment to us.
As a consumer, we are under a legal duty to supply you with Products that are in conformity with this Contract. You have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund or anything else in these Terms. If you have returned the Products to us because they are faulty or mis-described, we will refund the price of the Products in full.
ORDERS AND DELIVERY
General Order Information
Orders for in-stock Products are generally processed and shipped within two (2) business days.
If a Product is out of stock, this will be flagged on the Site and you will have the option to receive an email notification when the product is back in stock. In the unlikely event that an item you order is out of stock, our fulfilment partner’s, Intervino, Customer Service team will contact you and you will have the option to either place an updated order (without the out of stock item) or cancel the entire order. In either case you can request to be notified by email when the product is back in.
Orders will only be shipped and delivered to addresses located within the United Kingdom (excluding Northern Ireland). Orders may only be shipped to one delivery address. Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time. You own the Products once we have received payment in full, including all applicable delivery charges.
Regulations around dangerous goods mean we are restricted to two products per parcel. This means if an order is made in surplus of two goods, the additional units will be delivered separately.
We offer the following delivery options:
- Free-of-charge standard shipping (3-5 working days from Dispatch Confirmation)
Please note that your package will not be delivered on Sundays or Public Holidays, and that Public Holidays may impact delivery times.
Occasionally our delivery to you may be affected by an Event Outside Our Control. See below for our responsibilities when this happens. If we do not meet the agreed delivery deadline for any Products then you may cancel your Order – see above for information about how to do this.
DEFECTIVE OR DAMAGED MERCHANDISE
In the event that we processed your order incorrectly, or that you received a defective or damaged item, please (i) call/email us at email@example.com or (ii) send a secure message to Customer Service via our Contact form, and we will provide a full refund and/or replace the item in accordance with these Terms. On some occasions, we will require defective or damaged items to be returned.
PRICE AND PAYMENT
It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover this error before we accept your Order we are not required to sell the Products to you at the price shown. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option or reconfirming your Order at the correct price or cancelling it. If you cancel your Order and you have already paid for the goods (but they have not yet been dispatched) you will receive a full refund.
The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
HOW TO PAY
You can pay for Products using a debit card or credit card (we accept Mastercard and Visa) or by PayPal. If you choose to pay by PayPal, PayPal Terms and Conditions will apply.
Payment for the Products and all applicable delivery charges must be made in advance. We will charge your debit card or credit card once the order has been confirmed.
OUR LIABILITY TO YOU
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, any breach of the terms implied by section 12-15 of the Sale of Goods Act 1979, or defective products under the Consumer Protection Act 1987.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside our Control, as explained in this clause.
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract, we will contact you as soon as reasonably possible to notify you, and our obligations under any Contract will be suspended for as long as the Event Outside Our Control lasts. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
You may cancel a Contract affected by an Event Outside Our Control, as set out above.
OTHER IMPORTANT TERMS
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law.
We may agree to alternative online dispute resolution (“ODR”) if you and we cannot resolve a dispute between us informally. For more information on ODR see http://ec.europa.eu/consumers/odr/. In the event that a dispute is not resolved outside of the courts, you and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.