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Terms & Conditions applicable to the website https://www.dagoba.app and to any Dagoba e-shop, hereinafter referred to as the "Site".
Please read the following important terms and conditions before you buy anything on our website as they set out the contract on which we make sales to you. By making a purchase on our website or on any of our e-shops you agree to these terms. If you do not agree with these terms please do not make a purchase.
This contract sets out:
In this contract:
If you don't understand any of this contract and want to talk to us about it, please contact us by:
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If you would like this contract in another format or have other accessibility issues in relation to our website please contact us using the contact details at the top of this page.
Who are we?
1.1 If you buy goods on our site or any of our e-shops you agree to be legally bound by this contract. When buying any goods from our site or any of our e-shops you also agree to be legally bound by:
1.1.1 our website terms and conditions and any documents referred to in them;
1.1.3 extra terms which may add to, or replace some of, this contract. This may happen for security, legal or regulatory reasons – for example in relation to certain products due to their nature, or as a result of local laws in the territory in which you live. We will contact you to let you know if we intend to do this. You can end this contract at any time by giving 14 days' notice if we tell you extra terms apply; and
1.1.4 specific terms which apply to certain goods – for example as a result of local laws in the territory in which you live. If you want to see these specific terms, please visit the relevant webpage for the goods at any time during the online checkout process.
All of the above documents form part of this contract as though set out in full here.
1.2 This contract is only available in English. No other languages will apply to this contract.
2.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (referred to as the "Regulations") say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:
2.1.1 visit our FAQ section on the website;
2.1.2 read the acknowledgement email we send you after you place an order with us (see Clause 4.3 below); or
2.1.3 contact us using the contact details at the top of this page.
2.2 The key information we give you by law forms part of this contract (as though it is set out in full here). If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
4.1 Below, we set out how a legally binding contract between you and us is made.
4.2 Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us.
4.3 When you place your order at the end of the online checkout process (i.e. when you click on the ‘pay’ button), we will acknowledge it by email. At this point:
4.3.1 a legally binding contract will be in place between you and us; and
4.3.2 we will dispatch the goods to you, unless we have to cancel your order (see Clause 4.4 below for examples of circumstances in which we may have to cancel your order).
4.4 Despite acknowledging your order, we may in certain circumstances contact prior to dispatching the goods to say that we cannot your fulfil order. If this happens, we will refund in full all amounts you have paid for the order. This is typically for one or more of the following reasons:
4.4.1 the goods are unavailable;
4.4.2 we cannot authorise your payment;
4.4.3 you are not allowed to buy the goods from us – this may be due to the nature of the products and/or local law/regulatory restrictions in the territory in which you live;
4.4.4 we are not allowed to sell the goods to you;
4.4.5 you have ordered too many goods; or
4.4.6 there has been a mistake on the pricing or description of the goods.
4.5 If you are under the age of 18:
4.5.1 you may buy goods from the site but you may not be able to buy certain goods because you are too young. These are set out on the relevant webpage for the goods; and
4.5.2 you must ask your parents or guardians before you:
(a) e-mail the website, or ask us to e-mail anything to you;
(b) send in any information to us; or
(c) buy anything online.
4.6 By continuing to use this website and any of the services offered, you are confirming that you are either 18 years of age or older, or, if you are under 18:
4.6.1 you have obtained the consent of your parent or legal guardian to do so;
4.6.2 your parent or legal guardian has reviewed and agreed these terms and conditions; and
4.6.3 you are using the credit / debit card of a parent or guardian with that parent or guardian’s consent.
5.1 You have the right to cancel your contract with us within 14 days without giving any reason. This cancellation period will start on the day after the day that the goods are delivered to you, or to the person that you have nominated to receive delivery of them. If the goods are delivered in instalments, the 14 day period will start on the day after the day of the delivery of the last instalment.
5.2 Please note that the cancellation right described at Clause 5.1 does not apply to goods which have been personalised or customised especially for you on your instructions. Once you have placed an order for personalised or customised products it cannot be cancelled unless the item is defective (see Clauses 9 and 10 below). It is your responsibility to ensure you provide us with accurate information when you want an item to be personalised or customised - we will not check your submissions for accuracy or typographical errors.
5.3 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or email). You can use the model cancellation form set out in the box below, but it is not obligatory.
To Dagoba Europe LP, 101 Rose Street South Lane, Edinburgh, EH2 3JG, Scotland. Email: email@example.com
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
5.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. Please see Clause 6 below which tells you how to return the goods to us where you have exercised your right to cancel the contract.
6.1 If you cancel your contract with us, we will reimburse to you all payments we received from you in connection with the purchase, including the costs you paid us for delivery (except for any supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
6.2 We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of your handling.
6.3 We will make the reimbursement without undue delay, and not later than:
6.3.1 14 days after the day we receive back from you the goods we supplied to you; or
6.3.2 (if earlier) 14 days after the day you provide evidence that you have returned to us the goods; or
6.3.3 if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
in each case in accordance with the Regulations.
6.4 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
6.5 If you have received goods which you wish to cancel and return:
6.5.1 you shall send back the goods to us or hand them over to us, to an address given to you by our support center, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired;
6.5.2 you will have to bear the direct cost of returning the goods; and
6.5.3 you are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
7.1 We use third party service providers to deliver our goods. If you want to see your delivery options, visit the delivery FAQ section of our webpage before you place your order.
7.2 The estimated date and time window for delivery of the goods will be confirmed in communications from the third party delivery provider.
7.3 If something happens which:
7.3.1 is outside of our control; and
7.3.2 affects the estimated date of delivery;
we will let you have a revised estimated date for delivery of the goods.
7.4 Unless you and we agree otherwise, if we cannot deliver your goods within 30 days, we will:
7.4.1 let you know;
7.4.2 cancel your order; and
7.4.3 give you a refund.
7.5 Delivery of the goods will take place when we deliver them to the address that you gave to us. You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods.
7.6 We may deliver your goods in instalments – if this is the case we or our third party delivery provider will confirm this to you.
8.1 All goods must be paid for upfront prior to delivery. We accept the following credit cards, debit cards and other forms of payment: Visa, Mastercard.
8.3 Your means of payment will only be charged when the goods are dispatched.
8.4 All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via other means of authorisation from your payment provider.
8.5 The price of the goods:
8.5.1 includes VAT at the applicable rate;
8.5.2 does not include the cost of delivering the goods (if you want delivery options and costs, visit the delivery FAQ section of our webpage before you place your order); and
8.5.3 where you are based outside of the United Kingdom, does not include any export, import or other such customs duties which may be payable in relation to the sale of the goods. We reserve the right to cancel your order and refund the price you have paid should we become liable to pay any such duties. Should you become liable to pay any such duties this is for your account and will not entitle you to cancel the order (subject to your legal right to cancel the contract during the ‘cooling off’ period under Clauses 5 and 6).
8.6 Nothing in this clause affects your legal rights to cancel the contract during the ‘cooling off’ period under Clauses 5 and 6.
9.1 We must provide you with goods that comply with your legal rights. The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the goods:
9.1.1 are of satisfactory quality;
9.1.2 are fit for purpose; and
9.1.3 match their description.
9.2 While we try to make sure that:
9.2.1 all weights, sizes and measurements set out on the site are as accurate as possible, there may be a small tolerance in such weights, sizes and measurements. The packaging of the goods may be different from that shown on the site; and
9.2.2 the colours of our goods are displayed accurately on the site, the actual colours that you see on your computer may vary depending on the monitor that you use.
9.3 Any goods sold at discount prices, as remnants, or as substandard will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
9.4 If we can't supply certain goods we may need to substitute them with alternative goods of equal or better standard and value. In this case:
9.4.1 we will let you know if we intend to do this but this may not always be possible; and
9.4.2 you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.
10.1 Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’), are set out at the top of this contract. They are a summary of your key rights. For more detailed information on your rights and what you should expect from us, please:
10.1.1 visit the FAQ section of our webpage;
10.1.2 contact us using the contact details at the top of this page; or
10.1.3 visit the Citizens Advice website www.citizensadvice.uk or call + 44 3454 04 05 06.
10.2 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
10.3 If you think the goods are not of sufficient quality, or are defective, please contact us using the contact details at the top of this page, if you want us to repair the goods, replace the goods, offer a price reduction, or you wish to reject the goods and get a refund.
11.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for:
11.1.1 losses that:
(a) were not foreseeable to you and us when the contract was formed; or
(b) that were not caused by any breach on our part;
11.1.2 business losses; and
11.1.3 losses to non-consumers.
12.1 We will try to resolve any disputes with you quickly and efficiently.
12.2 If you are unhappy with the goods, our service to you, or any other matter, please contact us as soon as possible.
12.3 If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
12.3.1 let you know that we cannot settle the dispute with you; and
12.3.2 give you certain information required by law about our alternative dispute resolution (ADR) provider. You may if you wish use an online dispute resolution (ODR) platform to resolve the dispute with us. For more details, please visit the website on the ‘Your Europe’ portal: https://ec.europa.eu/consumers/odr/main/?event=main.home.show.
12.4 If you want to take court proceedings, the courts of the part of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to this contract. If you live outside of the United Kingdom you may bring a claim in the Courts of your country of residence where the ability for you to do so is a legal requirement of your country of residence.
12.5 The laws of Scotland will apply to this contract, although if you are based outside of the United Kingdom this will not affect any statutory rights that you may have in your country of residence.