Terms & Conditions
Dufinkle Ltd Terms and Conditions
This document (together with any documents referred to in it) tells you the terms and conditions (the 'Conditions') upon which we will sell the Goods to you. You may print a copy for future reference. Working Day: a day other than a Saturday, Sunday or public holiday when banks in London are open for business. 'Goods' means the goods listed on our website which we may supply. Before confirming your order please read through these Conditions and in particular our cancellations and returns policy and limitation of our liability and your indemnity at clause. By ordering any of the Goods, you agree to be legally bound by these Conditions.
Product Descriptions
Dufinkle Ltd relies on product descriptions provided by manufacturers of the items sold. We therefore try to keep the product description and images as accurate as possible.
Availability
Although we hold over 95% of items in stock, sometimes goods may need to be ordered in especially for a customer. Due to reasons beyond our control, such as our suppliers being out of stock, this may result in a delay in despatching your order. We will contact you before processing any order where this becomes an issue as soon as possible and advise you when we can expect to receive the goods. We will offer you the opportunity to cancel the whole order or part cancel, and refund the monies paid for the applicable unavailable item , and then despatch the balance of your order.
Prices
The prices of the Goods are quoted on the order page. Prices and any other charges quoted on the order page are based on delivery of the Goods in the United Kingdom unless otherwise specified. Prices quoted include the costs of delivery of the Goods within the United Kingdom. Unless otherwise stated, the prices quoted include VAT where applicable
Order process and formation of a contract
Our Website catalogue merely illustrate our Goods and the packaging of the Goods. Your computer may not accurately display the colours of the Goods. Although we aim to accurately depict our Goods and their packaging, there may be differences between the packaging and the colours of the Goods delivered to you and those shown on our Website and in our catalogue. All orders are subject to acceptance and availability. If we are unable to supply you with the Goods in your order due to matters such as unavailability of stock, materials, key staff or an Event Outside our Control or because we have identified a mistake in the description of the Goods or the price stated by us, we will notify you. We will not proceed with the order and will refund any sums you have paid us. If the Goods are temporarily unavailable, we will notify you by email of the date they are expected to be available. You will have the option either to wait until they are available or to cancel your order. If you cancel your order, we will refund any sums you have paid us. Any order placed by you for the Goods constitutes an offer to purchase them from us. You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Goods. .A 'Confirmation Notice' means an email which we send to you to confirm that we have dispatched the Goods. A Confirmation Notice will be our acceptance of the offer made in the order to which that Confirmation Notice relates. A contract between you and us for the supply of the Goods (the 'Contract') incorporating the version of these Conditions in force at the time of your order will come into existence when we send you the Confirmation Notice relating to your order. You may print and keep a copy of the Confirmation Notice for future reference. If you think that there is a mistake in the Confirmation Notice or if you wish to make any changes, please contact us to discuss this. If you request a change, we will tell you if that is possible and about any changes to the price, delivery or performance dates or any other changes that we need to make as a result of your request. We will ask you if you wish to go ahead with the change. We may make minor technical adjustments to the Goods to improve them or to comply with relevant laws and regulatory requirements, Changes to these Conditions as a result of changes in any relevant laws and regulatory requirements, Changes to these Conditions as a result of changes in how we accept payment from you, Changes in the amount payable by you to the extent of any changes in the VAT included in the price or payable in relation to the price. If we make any changes we will give you written notice of the changes before we supply the Goods. You can choose to cancel the contract if the change would be significantly to your disadvantage. Any variation to these Conditions which have been incorporated into the Contract or to the Contract other than those mentioned shall only be binding when agreed in writing and signed by you and us.
Receipt of Order
Upon receipt of your order and payment, Dufinkle Ltd will perform an address verification check prior to despatching goods using your postcode.
Payment
We accept payments via Paypal online. Goods will only be despatched upon receipt of cleared funds
Quality Control
All goods will be checked for quality prior to despatch. In addition, goods with “sell by” or “use by” dates will be examined to ensure those dates have not expired. These checks will be performed by at least two individuals prior to despatch. As a third and final check, packaged goods will be weighed and checked against the combined weight of ordered products to ensure full quantities have been included in your consignment
Cancelling Orders
You may cancel your order for the Goods by notifying us of your decision to cancel at any time prior to us sending you a Confirmation Notice. You may notify us of your decision to cancel by sending us by email to sales@dufinkle.co.uk with a statement that you wish to cancel quoting your name, address, the name or a description of the Goods and your order reference number.
After we send you a Confirmation Notice and the expiry of 14 calendar days after the day you receive the Goods, you may cancel the Contract at any time during the Cancellation Period by notifying us of your decision to cancel. You may notify us of your decision to cancel by contacting us by sending us by email to sales@dufinkle.co.uk with a statement that you wish to cancel with your name, address, the name or a description of the Goods and your order reference number. If you have already received the goods, these must be returned before any refund can be processed. See returns policy.
Deliveries
The Goods will be delivered to you at the address you provided during the order process which may be an address other than the billing address. Any dates quoted for delivery of the Goods are approximate and for guidance only. If no date is specified then it will take place as soon as reasonably possible. If we have agreed to deliver the Goods to a delivery address which you have given us, delivery shall occur when has been scanned as delivered to the address advised by the courier. You must examine the Goods within a reasonable time after arrival and let us know as soon as reasonably possible if they are faulty, damaged or not as described. If no one is present at your delivery address to take delivery, we will advise you of our attempted delivery. For Christmas deliveries, we recommend that you check the Website for the last order date. We will endeavour to dispatch all Goods that are in stock within 48 hours. However, we cannot guarantee delivery by 24th December.
Receiving Goods
We strongly recommend that you inspect all packages at the time of delivery, and do not sign for deliveries where packaging is damaged. The Goods will be at your risk from the time of delivery. Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of them including VAT.
From the end of July 2023, Royal mail will be making changes to their terms and conditions to reflect that intended recipients will have the ability to use the Royal Mail App to set a delivery preference, specifying where they should leave the parcels when no one is available to accept delivery.
Royal mail will be entitled to leave parcels in accordance with such requests (they may, however, also choose not to leave a parcel in a designated location if they consider the location unsuitable). Where the intended recipients opt to provide royal mail with a suitable designated location, the parcel will be deemed delivered once it has been left in the designated location.
Returns Policy
Upon receiving notice of your cancellation, we will contact you and provide details of where you must return the Goods and other relevant instructions. You must then return the Goods to us without delay and at the latest within 14 days of notifying us of your cancellation. You must return the Goods at your own risk and at your own cost unless we offer to pay the cost of return. If the value of the Goods is reduced as a result of your handling of them beyond what is necessary to determine the nature, characteristics or functioning of the Goods, we will be entitled to claim this reduction in value from you and to deduct it from any money which you have paid us. If the Goods are part of a promotional offer, you will be expected to return the relevant Goods back to us for a full refund less any discount that was given. If you wish to return an item from a buy one get one free offer, you must return both items to receive a refund. If one item is returned, you will not receive any funds in return as the offer will no longer be valid. Goods returned in their original condition will be refunded within 7 Working days once received back. This is assuming items returned have been deemed to be re-sold as new by Dufinkle Ltd any items returned in a lesser condition than this may not be entitled to a full refund. So long as you are entitled to cancel and have complied with your obligations we will refund you the balance of the price after deducting any reduction in the value of the Goods. We will refund you using the same method of payment used by you.
You will not have a right to cancel in the following situations: The Contract is for goods which are bespoke or have been personalised or which may deteriorate (such as food). The Contract is for goods and/or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by us. The Contract is for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and they have become unsealed after delivery. The Contract is for the supply of goods which have become mixed inseparably with other items after delivery.
Returning Goods
We cannot accept responsibility for lost or damaged returns, and therefore recommend that you use a recorded delivery service or an insured carrier when returning items to us. Goods must be returned in the original boxes/packaging.
Guarantees
All products are covered with the manufacturers standard warranty. We are happy to help anyone who experiences any product defect under the manufacturers standard warranty. Faulty goods will be repaired or replaced, but if the item cannot be repaired or replaced it will be refunded. Faulty good returned within 30 days of purchase will be refunded.
Liabilities
We cannot be held responsible for any damage or loss arising from the products we sell or services we supply. Manufacturers of products should be consulted prior to purchasing to ascertain product suitability. We also suggest trying new products in limited quantities to ascertain suitability for use.
We have a duty to supply Goods to you that conform to the Contract including a duty to ensure that the Goods are as described in the contract, the Goods correspond to any samples we have sent you, the Goods are fit for any purpose you specifically told us they were required for, and are not faulty. We cannot exclude our liability for a failure to comply with these duties mentioned in this sub-clause. Nothing in these Conditions affects your legal rights if these duties are not complied with. You can obtain advice about your legal rights from Citizens Advice if you need to. We cannot exclude or limit our responsibility to you for: Death or personal injury resulting from our negligence or the negligence of our employees, Fraud or fraudulent misrepresentation. A claim for a defective product against us if we do not give you the name of the person who supplied the product to us within a reasonable time of your request for us to do so. We are responsible for foreseeable loss or damage which you suffer as a result of a breach by us of the Contract or as a result of our failure to act with reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. We are not responsible for unforeseeable losses. You are purchasing the Goods as a consumer. If you purchase the Goods for any business purpose including for re-sale, we will not be liable for any business losses, loss of profits, loss of contracts, loss of business opportunities, loss of management time, loss of business data or losses due to interruption of your business. We will not be responsible for any delay in delivering the Goods. We will not be liable for any damages caused by or in connection with any delivery carrier used.
Statutory Rights
None of your statutory rights as a consumer are affected by our policies.
Privacy Policy
We do not disclose buyers' information to third parties, except for the purpose of delivering your goods. Details recorded by us for the purpose of conducting business with you will be maintained exclusively by us for the purpose of record and communication only. This information will be held in a secure environment.
You authorise us to process and transmit your name, address and other personal information supplied by you (including updated information) to obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity, supply the Goods and Services to you, carry out checks to ensure you have adequate funds and fulfil security and fraud prevention requirements, transmit the payment and delivery information provided by you during the order process (included any updated information) for the purpose of obtaining authorisation from your card issuer or PayPal, validate your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies, inform you of similar Goods we provide, but you may contact us at any time to request that we stop informing you of these.
Governing law and jurisdiction
These Conditions and the Contract are governed by the laws of England and Wales and you can bring legal proceedings in respect of the Goods in the courts of England and Wales. If you live in Scotland you can bring legal proceedings in respect of the Goods in either the courts of Scotland or England and Wales. If you live in Northern Ireland you can bring legal proceedings in respect of the Goods in either the courts of Northern Ireland or England and Wales