These are the Terms and Conditions upon which Department Six Limited ("Department Six") will grant you permission to use its website located at www.departmentsix.com ("Website"). If You wish to use this Website, You must accept these Terms and Conditions ("Conditions"). You must read them and take note in particular the exclusions and limitations which relate to Department Six's liability (see condition 6 below). If you do not accept these Conditions, You are advised not to use this Website.
We may revise these Conditions at any time by updating this posting. You should check this Website from time to time to review the current Conditions, because they are binding on You. Certain provisions within these Conditions may be superseded by expressly designated legal notices or terms located on particular pages at this Website. You will be bound by the any such modifications or revisions from the time that they are made.
The contract between us We must receive payment of the whole of the price for the goods that You order before Your order can be accepted. Once payment has been received by Us We will confirm that Your order has been accepted by sending an email to You at the email address You provide in Your order form. Our acceptance of Your order brings into existence a legally binding contract between us.
1 Definitions
In these Terms and Conditions, the following expressions shall have the following meanings:-
"Intellectual Property Rights" all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world;
"User" any person using or viewing this Website;
"We" "Us" "Our" means Department Six Limited, (Company Number: 06272646) of 35-37 Station Road, Port Talbot, SA13 1NN; and
"You" "Your" means You the user of the Website.
2 Price and payment
2.1 The prices payable for goods that Your order are as set out on Our Website.
2.2. The prices payable are inclusive of VAT levied at the UK VAT rate and VAT is payable on all goods bought within the EU. If You are domiciled outside of the EU then You may have additional import duty or other sales tax to pay. It is Your responsibility to pay these charges and We shall have no liability whatsoever for such charges.
2.3 You will be required to pay extra for delivery and it might not be possible for Us to deliver to some locations. Our delivery charges are explained within the FAQ section of the website..
2.4 You may pay the for the goods by credit or debit card, and only on confirmation from the credit or debit card supplier that payment has been verified and completed, will Your order be accepted by Us ("the Contract").
2.5 We do not accept any liability if a payment is refused or declined by the credit/debit card supplier (whether this is due to You giving incorrect card details or any other reason).
2.6 If Your credit/debit card supplier declines payment, We shall not be under any obligation to bring this fact to Your attention. It is Your responsibility to check with the credit/debit card supplier that the payment has been successfully deducted from Your account.
2.7 If the credit/debit card that You are using to make payment is not Your own, or if You are under the age of eighteen (18) years of age, You must obtain the express permission of the cardholder before entering the payment details. By clicking the "submit" on the payment screen You are confirming that You have the express prior permission of the credit/debit card holder.
3 Right for you to cancel your contract
3.1 You may cancel Your contract with Us for the goods You order at any time up to the end of the seventh (7th) working day from the date Your order is accepted by Us and the Contract bewteen Us has formed. You do not need to give Us any reason for cancelling Your Contract nor will You have to pay any penalty.
3.2 To cancel Your Contract you must notify us in writing at 35-37 Station Road, Port Talbot, SA13 1NN or e-mail Us at info@departmentsix.com.
3.3 If You have received the goods before You cancel Your Contract then You must send the goods back to Our Contact Address at Your own cost and risk. If You cancel Your contract but We have already processed the goods for delivery You must not unpack the goods when they are received by You and You must send the goods back to Us at our Contact Address at Your own cost and risk as soon as possible.
3.4 Once You have notified Us that You are cancelling Your Contract, any sum debited to Us from Your credit card will be re-credited to Your account as soon as possible and in any event within thirty (30) days of Your order PROVIDED THAT the goods in question are returned by You and received by Us in the condition they were in when delivered to You. If You do not return the goods delivered to You or do not pay the costs of delivery, We shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to You.
4 Cancellation by Us
4.1 We reserve the right to cancel the Contract between Us if:
4.1.1 We have insufficient stock to deliver the goods You have ordered;
4.1.2 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from Our suppliers.
4.2 If We do cancel Your Contract We will notify You by e-mail and will re-credit to Your account any sum deducted by Us from Your credit card as soon as possible but in any event within thirty (30) days of Your order. We will not be obliged to offer any additional compensation for disappointment suffered.
5 Delivery of goods to you
5.1 We will deliver the goods ordered by You to the address You give Us for delivery at the time you make Your order. You are responsible for providing accurate and correct details for delivery. All goods will be delivered by special delivery with the Royal Mail.
5.2 In the event that the goods are undeliverable due to information provided by You being inaccurate or incorrect We shall refund the the price of the goods but less any delivery costs We may incur.
5.3 Delivery will be made as soon as possible after Your order is accepted and in any event within thirty (30) days of Your order for addresses with the United Kingdom.
5.4 You will become the owner of the goods You have ordered when they have been delivered to You. Once goods have been delivered to You they will be held at Your own risk and We will not be liable for their loss or destruction.
6 Use of the goods
6.1 The goods are sold:
6.1.1 subject to a licence granted to Us by BBC Worldwide Limited;
6.1.2 subject to the relevant copyrights stated in these Conditions and on this Website;
6.1.3 for home and personal use only. All other rights are strictly reserved.
6.2 Unauthorised use of the goods shall include, without limitation, the copying, reproducing, hiring, lending, exhibiting, editing, re-selling or public performance. All commercial use of the goods is strictly prohibited.
7. Liability
7.1 If the goods We deliver are not what You ordered or are damaged or defective or the delivery is of an incorrect quantity, We shall have no liability to You unless You notify Us in writing at Our Contact Address of the problem within ten (10) working days of the delivery of the goods in question.
7.2 If You do not receive goods ordered by You within thirty (30) days of the date on which You ordered them, We shall have no liability to You unless You notify Us in writing at Our Contact Address of the problem within forty (40) days of the date on which You ordered the goods.
7.3 If You notify a problem to Us under this condition, Our only obligation will be, at Your option.
7.3.1 to make good any shortage or non-delivery;
7.3.2 to replace or repair any goods that are damaged or defective; or
7.3.3 to refund to you the amount paid by You for the goods in question in whatever way We choose.
7.4 Save as precluded by law, We will not be liable to You for any indirect or consequential loss, damage or expenses (including loss of profits, business, data, opportunity or goodwill) howsoever arising out of any problem You notify to Us under this condition and We shall have no liability to pay any money to You by way of compensation other than to refund to you the amount paid by You for the goods in question under clause 7.3.3 above.
7.5 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from Our Website. The importation or exportation of certain of Our goods to You may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods You purchase.
7.5 Notwithstanding the foregoing, nothing in these Conditions shall exclude or limit Our liabiltiy for:
7.5.1 any rights that You might have as a consumer under applicable local law or other statutory rights that may not be excluded;
7.5.2 for any death or personal injury resulting from our negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
7.5.3 fraud, or misrepresentation as to a fundamental matter.
8 Notices
8.1 Unless otherwise expressly stated in these Conditions, all notices from You to Us must be in writing and sent to Our Contact Address and all notices from Us to You will be displayed on Our Website from to time.
9 Copyright and Intellectual Property
9.1 You are permitted to print and download extracts from this Website for Your own use on the following basis:
9.1.1 no documents or related graphics on this Website are modified in any way;
9.1.2 no graphics on this Website are used separately from accompanying text; and
9.1.3 the Company's, and where appropriate, the BBC Worldwide Limited's copyright and trade mark notices and this permission notice appear in all copies.
9.2 Unless otherwise stated, the copyright and other Intellectual Property Rights in all material on this Website (including without limitation photographs, designs, text, graphical images and other material) are owned by Us or Our licensors. For the purposes of these Conditions, any use of extracts from this Website other than in accordance with paragraph 9.1 above for any purpose is strictly prohibited. If You breach any of these Conditions, Your permission to use this Website automatically terminates and You must immediately destroy any downloaded or printed extracts from this Website.
9.3 Subject to paragraph 9.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Our prior written permission.
9.4 Any rights not expressly granted in these Conditions are reserved.
10 Events beyond our control
10.1 We shall have no liability to You under these Conditions for any failure to deliver goods You have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond Our reasonable control including, without limitation:
10.1.1 strikes, lock-outs and other industrial disputes;
10.1.2 failure or breakdown of a utility service, systems or network access;
10.1.3 an act of god including flood, fire, explosion, storm, subsidence, accident or any natural disaster, war, riot, terrorism, or threat of terrorism, civil commotion, or malicous damage;
10.1.4 compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, or default of suppliers or sub-contractors; and
10.1.5 impossibility of the use of public or private telecommunications networks, web servers and any other technology required to deliver the Website.
11 Links to and from other websites
11.1 Links to third party websites on this Website are provided solely for Your convenience. If You use these links, You leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If You decide to access any of the third party websites linked to this Website, You do so entirely at Your own risk. We are not responsible for the content of any website outside of this Website.
11.2 No warranty is given by Us and no liability shall be accepted by Us in respect of the quality, accuracy, completeness or reliability of any advice given by or service provided by any third party to any User of this Website.
12 Disclaimer
12.1 While We endeavour to ensure that the information on this Website is correct, We do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the goods and prices described in it, at any time without notice. The material on this Website may be out of date, and We make no commitment to update such material.
12.2 The material on this Website is provided on an "as is" and "as available" basis, without any conditions, warranties, representations or other terms of any kind. Accordingly, to the maximum extent permitted by law, We provide You with this Website on the basis that We exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these Conditions might have effect in relation to this Website.
13. Use of Website
13.1 While We endeavour to ensure that this Website is available twenty four (24) hours a day, We shall not be liable if for any reason this Website is unavailable at any time or for any period.
13.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Our control.
13.3 You may not misuse the Website (including, without limitation, by hacking) and are prohibited from violating or attempting to violate the security of the Website, including and without limitation, accessing data not intended for such User or logging into a server or account which the User is not authorised to access, sending unsolicited emails, including promotions and/or advertising of products or services, attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures, attempting to interfere with services to any User, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding", "spamming", or "crashing", forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
13.4 We strongly recommend that all visitors to the Website use regularly updated anti-virus software and firewall products to protect against malicious third party use. It is essential that Users regularly update their software and have their firewall switched on to prevent such security breaches. If Your use of the Website results in the need for servicing or replacing hardware, peripherals, software or data, We are not responsible for the costs.
14 Third party rights
14.1 Except for Our affiliates, directors, employees or representatives, a person who is not a party to the contract between us has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
15 Invalidity
15.1 If any term or provision of these Conditions or part thereof is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and the Conditions will continue to be valid to the fullest extent permitted by law.
15.2 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, that provision will apply with whatever modification is necessary to make it valid, enforceable and legal.
16 Privacy
16.1 You acknowledge and agree to be bound by the terms of our privacy policy.
17 Governing law
17.1 These Conditions and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of England and Wales.
17.2 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Conditions or its subject matter.
18 Entire agreement
18.1 These Conditions, together with our current Website prices, delivery details, contact details and privacy policy, set out the whole of Our agreement relating to the supply of the goods to You by Us. Nothing said by any sales person on Our behalf should be understood as a variation of these Conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, We shall have no liability for any such representation being untrue or misleading.