Terms & ConditionsCad & The Dandy
CAD & THE DANDY LIMITED – TERMS AND CONDITIONS OF SALE (ONLINE)
1. WHO WE ARE
This website http://apply.ourfamilymembers.com is operated by CAD & THE DANDY LIMITED (“we”, “us”, “our”). We are a limited company registered in England and Wales with company number 06568212 and our registered office is at 1 Parkshot, Richmond, Surrey, England TW9 2RD.
Our VAT number is 930761627.
2. CONTACT US
If you have any questions about us, these Terms and Conditions of Sale, our website or our products, please do not hesitate to contact us at: email@example.com
3. APPLICATION OF THESE TERMS & CONDITIONS
These Terms and Conditions of Sale together with our Privacy Notice and Cookies Policy will apply to all orders you place and any purchases you make on this website for any of our non-bespoke products (including our Ready to Wear range), regardless of how you have accessed our website.
Please read these Terms and Conditions of Sale carefully before placing your order (you may wish to print a copy for your record). These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract between us, what to do if there is a problem and other important information. By placing an order through this website, you confirm that you have read, understood and agree to these terms and conditions.
If you think there is a mistake in these Terms and Conditions of Sale or there are any terms that you do not understand, then please contact us to discuss.
We may occasionally amend these terms and conditions and you should check them each time you place an order. These terms and conditions were last modified on 13 July 2021.
4. OUR PRODUCTS
The images of the products on our website are illustrative only. Although we have made every effort to display the products and colours accurately, we cannot guarantee a device’s display of the colours accurately reflects the true colour of the products and your products may vary slightly from those images.
While every care has been taken to ensure that product information on our website is correct, actual product, packaging and materials may contain more and/or different information than shown on our website.
All product measurements for our non-bespoke products (including our Ready to Wear range) are approximate only.
The packaging of the products may vary from that shown in images on our website.
You should always read the labels, warnings and instructions provided on or with the products before using them and not rely solely on the information on our website. This does not affect your legal rights.
If you have any queries about the products you have purchased then please contact us using the contact information provided at paragraph 2 above.
5. HOW TO BUY
To place an order for any of our non-bespoke products on this website, you should:
– Step 1: Add your product to the “Cart” by clicking on “Add to Cart”.
– Step 2: enter the Cart and click on the “Checkout” button.
– Log in to your online account
– Step 3:
Existing customers: If not already logged in, log in to your online account through the link in the “Checkout” page or go to the “Login / Register” link at the top of the website.
New customers: Provide your valid email address, billing and delivery address information and choose a password. You can then choose to set up an account and choose a password or continue to check out as a guest. Your personal information will be held in the strictest confidence and used in accordance with our Privacy Notice, a copy of which can be viewed here.
– Step 4: Select your delivery option.
– Step 5: Review your order and tick to confirm acceptance of these terms and conditions before continuing to payment.
– Step 6: Place your order and make payment.
While processing your online order you can access your Cart at any time and up until the point at which you place your order, you can review it and make changes to it. Please take the time to check your order before submitting it. If you submit an order in error you will have the opportunity to cancel this in accordance with paragraph 9 below.
You can pay for products using a debit or credit card (Mastercard or Visa only) or PayPal. We will take full payment for your order immediately when your order is placed. All transactions are charged in pounds sterling at checkout.
During the checkout process, you will be asked for your payment details. By completing these you are confirming that the debit or credit card is yours. All card payments are subject to authorisation by your card issuer.
If you wish to pay for the products using PayPal, then once you have confirmed your order, you will be redirected to the PayPal login page to complete the payment of the order. If you do not have a PayPal account, you can sign up at the PayPal login page before completing your order.
If you place your order on a Saturday, Sunday or bank holiday, the order will be processed and confirmed usually by the following business day in the UK.
Once you have placed an order, you will receive an e-mail from us acknowledging receipt of your order. However, this does not mean your order is accepted by us. Your order will only be accepted by us once payment for the products is taken. It is at this point that the contract between you and us for the sale and purchase of the products you have ordered is formed and becomes binding. The contract that is formed will be in English and will include these Terms and Conditions of Sale.
We may also be unable to accept your order because:
– we have identified an error in the price or description of the product;
– we are unable to obtain authorisation for your payment;
– you do not meet the eligibility to order criteria as set out in these Terms and Conditions of Sale; or
– we are unable to meet a delivery deadline you have specified.
We will let you know if this is the case and will not charge you for the products you have attempted to order in these circumstances. If you have already paid for any of our non-bespoke products, we will refund you the full amount paid as soon as possible.
We may also decide, at our discretion, not to accept an order from you for any of our products.
The prices of the products will be as shown on our website and in British Pounds Sterling (GBP) including VAT or any other local import duties. Our prices may occasionally change but (except for any change in the VAT rate (see below)) this will not affect any order you have placed before that price change and which we have already accepted.
If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full and before the change in the rate of VAT takes effect.
Our prices exclude delivery charges. You will be able to see your exact delivery charges during the checkout process.
We make every effort to ensure that the correct prices are displayed on our website and notified to you during your consultations with us. However, if we discover an error in the price of the products you have ordered before they are delivered to you, we will contact you to inform you of this error and we will give you the option of continuing to purchase the product at the correct price or cancelling your order. If we are unable to contact you, we will treat the order as cancelled and notify you accordingly.
Please note that if a pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the products to you at the incorrect (lower) price.
7. DISCOUNT AND PROMOTION CODES
Occasionally, we may offer special promotions (such as discounts or offers) on certain products. We have the right to withdraw such promotions at any time and they may also be subject to time restrictions, availability and other terms and conditions.
To avoid disappointment, please ensure you check the terms and conditions for a promotional offer before trying to redeem it.
We may occasionally offer promotional discounts, with or without a promotion code. Promotions with codes are usually only valid for one transaction and once the code is used it will be deactivated and will no longer be valid.
Promotions cannot be added to an order after the order is confirmed, therefore you must ensure that the voucher is registered before you confirm and pay for the products.
We are not responsible for promotions related to our products where such promotions are published on external websites or other media.
We can withdraw a promotion or promotional code at any time.
Products you order from us will be delivered to the delivery address notified by you at the time of placing your order. We have no liability whatsoever for any products delivered to an address which has not been correctly provided to us. You must promptly notify us of any change to your delivery address or contact phone numbers.
We will use our best efforts to send you your non-bespoke products by the estimated delivery date set out in our email confirming your order, or, if no date is specified, then no later than 30 days following the date of our email confirming your order.
If no one is available at your address to take delivery and it is not possible to leave the products securely at that address, you will be left a note informing you that delivery has been attempted and that products have been returned to our courier’s premises, in which case, please contact us or our courier to rearrange delivery.
If after a failed delivery, you do not re-arrange delivery or collect the products from the delivery depot notified to you we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and we will refund you the money you have already paid for the order but reserve the right to deduct from the refund a reasonable sum as compensation for any costs we have incurred as a result.
We do not deliver to PO Boxes.
You may place an order for products from outside the UK but you are responsible for the payment of all local import duties and tariffs.
If we consider that we are or may be unable to supply the products to you within a reasonable time (or at all) we can cancel the contract with you and will refund you any sums that may have already paid us for the cancelled contract.
Products that you order from us will be your responsibility from the time we deliver these products to the address you gave us when placing your order.
If products or garments are awaiting collection, we will only hold them for 2 years from the date of initial purchase. After this time they will be destroyed.
9. YOUR RIGHT TO CHANGE YOUR MIND
For any non-bespoke products you order from us, you have 15 days from the date the products are delivered to change your mind, cancel your order and receive a refund (see paragraph 11 below).
You also have the right to terminate the contract by e-mailing us at our contact details set out above at paragraph 2 where:
– we have told you about an error in the price or description of the products you have ordered and you do not wish to proceed;
– there is a risk that delivery of the products may be significantly delayed for a period of more than 30 days beyond the estimated delivery date associated with the delivery option you chose when placing your order through no fault of yours; or
– we have done something wrong or failed to do something in breach of the contract between you and us.
The contract will end as soon as we receive your notification and we will refund you in full for the price of any products (plus postage costs) you have paid for and which have not yet been provided.
To exercise your right to cancel your order of any non-bespoke products, you must inform us of your decision to cancel within the cancellation period stated above by sending a notice to us in writing to this effect to our contact details set out at paragraph 2 above or calling us on +44 (0)20 434 4344.
You may instead prefer to cancel your order by completing and returning to us our cancellation form, a copy of which can be viewed and downloaded at the bottom of this page. We suggest you keep a copy of your cancellation notification for your own records. You must arrange and pay for the return of the order to us at Cad & The Dandy Limited, First Floor 13 Savile Row, London W1S 3NE, and you are responsible for ensuring it reaches us in a saleable condition.
Your cancellation is effective from the date you notify us that you wish to cancel. You must return the cancelled products to us within 14 days of informing us that you wish to cancel or, if you have yet to receive the products, within 14 days from the date that you receive them.
If you are returning your products by post, we recommend that products are sent by registered post or you obtain a certificate of posting from your local post office or by courier. You should always retain evidence of posting or proof of shipment and the tracking number until the purchase price has been refunded.
Please note if we supplied promotional items free of charge with the order that you wish to cancel and return, then all promotional items must be returned together with the cancelled order items in order to qualify for a full refund. For more information on refunds including our right to make deductions in certain circumstances please see paragraph 11 below.
10. DAMAGED OR FAULTY PRODUCTS
If what you have bought is faulty, broken (on arrival) or misdescribed (minor variations do not count, see paragraph 4 above), please contact us as soon as possible using the details set out at paragraph 2 above.
We will inspect the products and if we determine that they are faulty, broken (on arrival) or misdescribed we will (at your choice) either replace or repair any faulty non-bespoke products free of charge or refund you the price of the faulty products and the delivery charges you paid for the products.
If you have a right to cancel or to terminate the contract with us then products must be returned unused, undamaged and in their original undamaged packaging to qualify for a refund.
If you are returning or cancelling your order in accordance with these terms and conditions, you will receive a full refund of the price you paid for the products including delivery costs except as follows:
– we are only obliged to refund delivery costs for the least expensive delivery method we offer. Therefore if you chose a more expensive form of delivery when ordering (e.g. special delivery within 2 working days) we will not pay the difference between this method of delivery and our least expensive method of delivery; and
– we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products if this has been caused by your handling of the products which would not be permitted in a shop. You have a legal obligation to take reasonable care of the products while they are in your possession and are responsible for the risk of damage during transport. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
We will process any refund due to you as soon as possible and, in any case, no later than 14 days after the day we receive the returned products from you, or (if earlier) the day you provide us with evidence that you have returned the products.
All refunds to you will be made by the payment method you used when paying for the order being refunded.
12. LEGAL RIGHTS
As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau. Nothing in these Terms and Conditions of Sale (or our Returns and Refunds policy) will affect these legal rights.
If you have any questions or complaints about the products, please contact us using the details set out at paragraph 2 above.
13. OUR RIGHT TO END THE CONTRACT
We may end the contract if you break it. For example, where you do not pay us any sum when due and still do not make payment within 14 days of us reminding you that payment is due, or you seek to order products which you are not eligible to order (for example where the sale is confined to our employees only and you are not an employee).
You must compensate us if you break the contract. If we end the contract in the situations set out in above we will refund any money you have paid in advance for Products we have not provided but, we may deduct from that refund or charge you, reasonable compensation for the net costs we will incur as a result of your breaking the contract.
We may withdraw any of our products. We may write to you to let you know that we are going to stop providing the products. We will let you know in advance of our stopping the supply of the products and will refund any sums you have paid in advance for products which will not be provided.
14. OUR LIABILITY
We are responsible for loss or damage you suffer that is a foreseeable result of our breach of any contract with you or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if the loss or damage was an obvious consequence of our breach or if they were contemplated by you and us at the time we accept your order.
We are only supplying the products to you for domestic and private use. You agree not to use the products for any commercial, business or re-sale 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 or for any breach of any terms implied by law.
15. 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 these Terms and Conditions of Sale that is caused by an event outside our control (including (but not limited to) strikes, fire, storm, flood or other natural disaster, epidemics, pandemics, failures in our supply chain, or failure of telecommunications networks or impossibility of the use of transport).
If we are unable to perform our obligations to you as a result of any event outside our control we will contact you as soon as reasonably possible and we will take steps to minimise the effect of any delay. Provided we do this, our obligations to you shall be suspended for the duration of the event outside our control and we will not be liable for any delay caused by the event. If this affects our delivery of products to you, we will arrange a new delivery date with you as soon as we are able to confirm this but if there is a risk of substantial delay you have the option to cancel the affected order and receive a refund for any products you have paid for but not yet received.
16. HOW WE USE YOUR PERSONAL INFORMATION
We will only use your personal information in accordance with our Privacy Notice, a copy of which can be viewed here. Please take the time to read this.
17. OTHER IMPORTANT TERMS
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
We may transfer our rights and obligations under any contract with you to another organisation. We will tell you in writing if this happens. You must not transfer any of your rights and obligations under any contract unless we agree.
Each provision of these terms and conditions are separate and if any court or relevant authority decides that any of them are unlawful or unenforceable, the other provisions will remain in full force and effect.
If we do not insist that you perform any of your obligations, or where we do not enforce or delay enforcing our rights, that will not mean that we have waived our rights nor 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.
These terms and conditions are governed by English law and the English courts shall have non-exclusive jurisdiction to hear any dispute or claim arising out of or in connection with these terms and conditions. This means you may bring a claim to enforce your consumer protection rights in connection with these terms and conditions in England or if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, or if you are a resident of Scotland, you may also bring proceedings in Scotland.
18. ALTERNATIVE DISPUTE RESOLUTION.
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to use alternative dispute resolution but this does not prevent you going to court if you are still not satisfied with the outcome.