Terms and Conditions of Sale – Physical Products

1. Definitions

  • Customer: The buyer of goods from Designer Don.
  • Website: means the website at https://designerdon.com
  • Privacy Policy: means the Designer Don privacy policy.

2. General

All orders for products on this website are subject to these terms and conditions. No other terms will apply unless agreed in writing, or expressly stated otherwise herein.

All product descriptions on the website or otherwise communicated to any purchaser (the “Customer”) are approximate only and shall not form any part of the contract.

Designer Don shall not be responsible for any misrepresentations or mistakes contained in the website or advertisement. An invitation to purchase products on the website is not an acceptance of an offer; it only allows the Customer to make an offer.

When Designer Don confirms pricing and delivery dates to the Customer in writing (via email or direct digital message), the contract will then come into existence between Designer Don and the Customer.

3. Prices

Designer Don has the right to change any price without prior notification at any time. Customer is informed that prices may change and accepts this.

The price of an ordered product will be as set out on the website at the time of order acceptance, except for products ordered for delivery at a future specified date (“forward orders”). The price for forward orders may be varied by Designer Don after the date of order acceptance by written notice to the Customer.

The prices listed do not account for applicable local sales taxes, which Designer Don will charge at the rate applicable at the time of order acceptance, depending on where the Customer resides.

4. Ordering

Designer Don reserves the right to decline to trade with any individual or entity. Designer Don may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by telephone, email or digital message within a reasonable period of receipt of the order.

Designer Don carries out orders to the Customer’s requirements but may provide substitute products where requested by the Customer, or where the product has been superseded by the latest version. If all orders are not able to be completely fulfilled by Designer Don’s stock, the portion not fulfilled may, at the customer’s option, either be put on back order to be fulfilled when Designer Don next has stock or be refunded to the customer.

5. Delivery

The delivery prices are as set out on the website at the time of order or will be notified to the customer at the time of order. Delivery will be made to the Customer’s usual business address unless otherwise agreed in writing.

The information displayed on Designer Don’s website is not meant to be a guarantee of delivery times or dates and is only to be considered an estimate. If a delay in delivery occurs, Designer Don shall not be responsible.

Time for delivery shall not be a prerequisite for the order to proceed.

Delivery of products requiring special handling or custom development may (because of the nature of the products) take longer to be delivered.

6. Inspection, Delays and Non-Delivery

The Customer must inspect the products as soon as is reasonably possible after delivery or collection. The Customer shall, within 30 days of the date of delivery or collection give notice to Designer Don in detail of:

a) Any defect in the product that is apparent on reasonable examination. In this case Designer Don shall, at Designer Don’s discretion, replace the products or refund the purchase price.

b) Any shortfall in products delivered. In this case Designer Don shall, at its discretion, deliver the undelivered products or refund the price of the undelivered products;

c) Any delivery of products not in accordance with the order, Designer Don shall, at Designer Don’s discretion, replace the products or refund the purchase price;

d) Any non-delivery of the products (in which case the time limit is within 10 days of the estimated despatch date). In this case Designer Don shall deliver the undelivered products or refund the price of the undelivered products.

If the Customer fails to give any such notice, the products shall be conclusively presumed to be, in all respects, in accordance with the order and free from apparent defects, and the Customer shall be deemed to have accepted the products accordingly.

Designer Don’s record of delivery or collection will be deemed conclusive proof of satisfactory fulfilment.

7. Payment

If Designer Don has not granted credit to the Customer, payment terms are cash with order (payment in full prior to order processing).

Credit terms (subject to satisfactory references and at Designer Don’s absolute discretion) are available. If credit has been granted, on acceptance of a Customer’s order, Designer Don will send an invoice to the Customer via email in PDF format, unless otherwise agreed between Designer Don and the Customer. The Customer must pay for the product by the 20th day of the following month. No set-off, deduction or counterclaim may be applied.

If any sum is not paid on the due date for payment then, without prejudice to any other right or remedy, all sums then outstanding from the Customer will immediately become due and payable.

Designer Don may also charge the Customer interest from the due date until payment is made in full (both before and after any judgement) on the amount unpaid at a rate which is 10 per cent of the invoiced goods, per calendar month. Designer Don may stop accepting orders and/or suspend deliveries until payments are made in full.

8. Ownership and Risk

In the case of products to be delivered to the Customer’s property, the risk of loss of or damage to the products shall pass to the Customer on confirmation of delivery being provided to Designer Don by the appointed courier. Where products which the Customer orders are to be collected from Designer Don, risk of damage or loss to the products shall pass to the Customer at the time of collection.

Ownership of any product supplied shall not pass to the Customer until full payment of the purchase price of the products and of all other amounts owing to Designer Don has been made (in cash or cleared funds). If the Customer is late in paying any sum, Designer Don shall be entitled to the immediate return of all products where ownership has not passed to the Customer. The Customer authorises Designer Don and its agents to recover any such products in such circumstance, and to enter any premises of the Customer for that purpose.

Demand for or recovery of the products by Designer Don shall not of itself discharge either the Customer’s liability to pay the whole of the price and take delivery of the products or Designer Don’s right to take reasonable action for the whole of the goods invoiced price.

9. Product and Availability Information

Designer Don reserves the right, without notice, to discontinue any product or to make design changes as part of its continuous programme of product improvement, or to assist product availability, and such changes may take place during the life of any product on the Designer Don website.

Unless otherwise confirmed in writing, nothing on the website is to be taken as a representation of the source of origin, manufacture, or production of the products or any part of them.

10. Warranties and Remedies

Designer Don warrants that no product purchased from Designer Don is materially defective. If a product is materially defective and meets the provisions of clause 5 (Delivery) around defects visible on delivery, Designer Don (at its discretion) will replace or repair the product, or refund the purchase price.

These warranties shall not apply to any defect which arises from improper use, failure to follow the product instructions, or any repair or modification made without the consent of Designer Don. The remedies set out in this clause shall be the Customer’s sole remedies for any breach of warranty and in respect of the supply or non-supply of products.

Where the Customer returns defective products otherwise than in accordance with these provisions, Designer Don may refuse such products and return them to the Customer at the Customer’s cost.

11. Liability

Designer Don shall not be liable (whether arising in tort (including negligence), contract or breach of any duty or otherwise) for any of the following:

(a) indirect or consequential loss or damage;

(b) loss of revenue;

(c) loss of profits;

(d) loss of productivity;

(e) loss of production;

(f) loss of business or expected future business;

(g) economic loss; or

(h) damage to reputation or goodwill.

12. No-fault Cancellations and Returns

Designer Don may, at its discretion and in writing, allow an order to be cancelled where there is no fault with the product subject to Designer Don recovering from the Customer the costs incurred, which may include an administrative fee of up to 30% of the value of goods.

In the event of cancellation of a partial order, Designer Don may invoice the Customer any difference in selling price per unit applicable to the quantity despatched, up to the time of cancellation compared to the quantity ordered.

For Customers other than Consumers, an administrative charge may apply in respect of all products returned other than due to defects.

Customers may only return products and receive a credit, refund or replacement on the following conditions:

a) The Customer should contact Designer Don to notify intent to return goods.

b) Returns must be made within 30 days of the date of delivery or collection of such product(s).

c) Products must be returned to Designer Don in their original condition & packaging, in a condition which will enable them to be immediately fit for re-sale;

d) The Customer must follow any specific instructions which appear on the website with any product regarding its return;

e) Products must be returned adequately packed and clearly labelled.

Where the Customer returns products to Designer Don not in accordance with the above (for example, after the period for returns has expired or in an unfit state), Designer Don may refuse to accept the return and send the products back to the Customer at the Customer’s expense, or apply a handling charge which relates to the actual cost of reprocessing.

This no-fault returns policy excludes software and digitally downloaded products, covered under individual terms and conditions here.

Designer Don accepts no responsibility for any loss of or damage to products in transit from Customer to Designer Don where Designer Don has not provided the collection services.

13. Force Majeure

A force majeure event is any event beyond the reasonable control of Designer Don (including but not limited to a pandemic, strikes, epidemic, crisis or outbreak, governmental measures, traffic congestion, the downtime of any external line, or Designer Don’s inability to procure materials or articles required for the performance of the contract).

If Designer Don is prevented or restricted from carrying out all or any of its obligations under these terms and conditions because of any force majeure event, then Designer Don, during the period that such event continues, and until such time as the event ceases, such obligation shall be relieved of its consequence.

If the force majeure event continues for a period longer than fourteen days, Designer Don may cancel the affected order, with no liability assigned to either party.

14. Intellectual Property Rights

The Customer acknowledges that Designer Don and its licensors own the intellectual property rights on the website and that whole or partial reproduction without Designer Don’s prior written consent is prohibited.

Designer Don does not warrant or give any assurance to the Customer that any 3rd party products supplied do not infringe the intellectual property rights of any third party.

15. Anti-Bribery

The Customer (and persons representing or associated with it) shall comply with all applicable laws, statutes and regulations relating to anti-bribery and anti-corruption and will:

a) not (directly or indirectly) induce any employee, agent or subcontractor of Designer Don to make any concession to or confer any benefit on the Customer, refrain or withhold from doing any act, in return for any gift, money, or another inducement;

b) not do or omit to do any act that will cause or lead Designer Don to be in breach of laws, statutes or regulations, and

c) promptly report to Designer Don any request or demand for any undue financial or another advantage of any kind received by the Customer in connection with these terms and conditions.

Any breach of this clause will be a material breach of these terms and conditions which is incapable of remedy.

Waiver

The failure to enforce any right or provision of these terms and conditions or of law at any time does not waive that or other rights or provisions, nor shall it operate to bar the enforcement or exercise of it or another at any time subsequently.

Any waiver of any breach of these terms and conditions shall not be deemed to be a waiver of any subsequent breach.

No variation of these terms and conditions shall be valid unless it is in writing and signed by or on behalf of each party.

Exclusion

No term is enforceable under the Contracts (Rights of Third Parties) Act 1999 by any person who is not first-party to it. No interpretation made by a third party will be held valid.

Law and Jurisdiction

The contract between Designer Don and the Customer based on these terms and conditions shall be governed by and interpreted in accordance with English Law and the Customer submits to the exclusive jurisdiction of the English courts, but Designer Don may enforce the contract in any court of competent jurisdiction.

 

Published: 1st April 2014.

Last updated: 21st May 2017