Terms & Conditions
This is the bit we all skip and often referred to as the “small print”. It outlines how we conduct our distance selling business and what you should expect from us.
1. Agreement to Terms & Conditions
1.1 Acceptance of Terms & Conditions
1.1.1 The website www.danpyne.co.uk is owned and operated by Dan Pyne, trading as ‘Dan Pyne’. References to “we”, “us”, our” or “the website” are references to Dan Pyne.
The Barn, Higher Colenso, Goldsithney, Penzance, Cornwall TR20 9JB
Email for the Dan Pyne website: email@example.com
1.1.2 Your use of this website of Dan Pyne is at all times subject to these Terms & Conditions as applicable to your use of the website and all applicable laws. By accessing our website you agree to our Terms & Conditions set out below. If you do not agree to these Terms & Conditions, you must exit our website immediately.
1.1.3 Our working days are Monday to Friday, 9am to 4pm GMT, excluding UK public holidays.
1.2 Changes to Terms & Conditions
1.2.1 We reserve the right, from time to time, with or without notice to you, to change these Terms & Conditions at our sole discretion. The Terms & Conditions applicable to your access to and use of this website will be the version that is current and displayed on the website as at each date you access the website. Your use of the Dan Pyne website after changes are made means that you agree to be bound by such changes.
2. Website Use Terms & Conditions
2.1 You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with this website. You also agree not to interfere with the servers or networks underlying or connected to this website or our services or to violate any of the procedures, policies or regulations of networks connected to this website.
2.2 You agree not to impersonate any other person while using this website, conduct yourself in an offensive manner while using our website, or use the website for any illegal, immoral or harmful purpose.
2.3 You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. If your password becomes compromised you can change it in the “My Account” area on www.danpyne.co.uk or you must contact us immediately at firstname.lastname@example.org or by using the Customer Care form on the website.
3. Copyright and Trademarks
3.1.1 This website and its content is copyright of Dan Pyne. All rights reserved.
3.2.1 All trademarks, logos, images, products and company names displayed or referred to on this website are the property of their respective owners. Nothing on this website grants you any licence or right to use, alter or remove such material.
3.3 User Material
3.3.1 In these Terms & Conditions, we use the term ‘User Material’ to refer to any material of any kind that you submit to us, including text, files, images, photos, video, sounds and musical or literary works. It does not include the account information you provide when you register as a member or when you subsequently change that information.
3.3.2 This section of our Terms & Conditions sets out the rights and obligations that you and we have in connection with User Material. If you review or submit User Material you are agreeing to do so on these Terms & Conditions. If you do not want to review or submit User Material on these terms, then you should not do so.
3.3.3 We do not systematically review User Material submitted by users of this website. We are not responsible for the content of User Material. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy. We disclaim all liability in connection with User Material to the extent permitted by law.
3.3.4 We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of this website, particularly where User Material breaches this section of the Terms & Conditions and we may do this with or without giving you any prior notice.
3.3.5 We do not claim any ownership rights in User Material. However, by submitting User Material you hereby grant to Dan Pyne a non-exclusive, royalty-free, sub licensable, transferable and worldwide license to use, reproduce, modify, prepare derivative works of, display and perform that User Material in any media (including, but not limited to, our website and those websites which we operate by way of a ‘white label’ or ‘co-branded’ service for third parties).
3.3.6 We may link User Material or parts of User Material to other material, including material submitted by other users of the website or created by Dan Pyne and/or other third parties. We may use User Material for our internal business purposes, for example, to examine trends or categories and to use those in the website or to promote, market or advertise Dan Pyne. We will not sell your User Material to third parties but you acknowledge that we may indirectly commercially benefit from it, for example, by selling third party advertising which appears next to User Material.
3.3.7 Each time you submit User Material to us, you represent and warrant to us as follows: (a) you own your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (including copyright or trademark), privacy or publicity rights, rights of confidentiality or rights under contract; (b) your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive; does not encourage conduct that would be considered a criminal offence, give rise to civil liability, violate any law; and is not otherwise inappropriate; (c) your User Material does not advertise any product or service or solicit any business; (d) your User Material does not identify any individual (including by way or name, address or a still picture or video) under the age of eighteen (18) and if User Material identifies any individual over the age of eighteen (18), you have that person’s consent to being identified in exactly that way in your User Material; and (e) in submitting your User Material you are not impersonating any other person.
3.3.8 Links to other websites – From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
You may not create a link to this website from another website or document without Dan Pyne’s prior written consent. Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.
Once you have used these links to leave our site we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by our privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
4. Joining Us
4.1 If you change your shipping or billing address, you must update your address details in writing to Dan Pyne or by logging into the “My Account” area on the website and updating “Edit My Address”. Please ensure this is done 10 (10) working days before an order is due to be despatched as you will be liable for any products posted to the wrong location.
4.2 We may refuse any application to join Dan Pyne or receive our services for any reason whatsoever. Please note that by supplying your email address on joining us you grant us permission to contact you via email regarding your account and changes to your order or the services the website offers.
4.3 With the exception of order processing (currently carried out on our behalf by PayPal), we will not pass or sell your details to any company outside of our group.
4.4 Your data may be transferred outside the EEA (European Economic Area).
5. Availability of Website
5.1. Although we aim to offer you the best service possible, we make no promise that our website services will meet your requirements and we cannot guarantee that the service will be fault free. If a fault occurs in the service, please report it to us (see above for contact details) and we will correct the fault as soon as we reasonably can.
5.2. Your access to the website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that our website is unavailable, our usual order and cancellation deadlines apply; please notify us of changes to your order via email.
6. Purchasing Products
6.1 You may submit orders online at any time. The facility and our communications to you in relation to any order will be in the English language. The facility allows you to review your order and make any corrections before submitting it to us and by submitting the order you confirm that you have made any such corrections.
6.2 Your submission of an order amounts to an offer to enter a contract to buy the products from us; you cannot then withdraw or cancel your order except as specifically stated in these Terms & Conditions.
6.3 No order is accepted from you until our website displays an order confirmation message and you receive a confirmation email from us.
6.4 Payments are currently processed by PayPal and are subject to their Terms & Conditions.
6.5 You can only purchase products to be delivered in the country you reside and where your payment card is registered.
7. Free or discounted offers
7.1 Free or discounted introductory offers are only available to new or invited users of the website, except where expressly stated, previous users or trialists of the website do not qualify for an additional special offer.
7.2 Free or discounted offers are available only once to any one person.
7.3 You must have internet access and valid payment details to redeem a free or discounted offer.
7.4 Upon registering for your free trial, your method of payment will be authorised for up to the cost of the products in order to verify your identity, and to protect us from theft and fraud. Some banks or payment card companies may reflect this authorisation against your available balance or credit limit.
7.5 You will be charged the full price for products after your free or discounted offer.
8.1 Please note that should your account fall into arrears, Dan Pyne reserves the right to pass on your details to a collection agency for retrieval of the outstanding debt. There will be a GBP £25.00 handling charge for all such cases.
8.2 You agree not to hold us responsible for banking charges incurred due to payments on your account.
8.3 Goods are subject to seasonal changes in supply levels and supply prices. Dan Pyne reserves the right to change the fees for any services at any time. We agree to notify you at least thirty (30) days in advance of any change in fees.
8.4 It is your responsibility to ensure PayPal have correct and valid payment details for the entire term of your order process.
9. Delivery and Returns
9.1 Products can only be delivered to addresses within the United Kingdom (including Northern Ireland), selected European countries and selected international countries; this excludes all PO Boxes, UK BFPO addresses, USA APO / FPO addresses.
9.2 We currently use Royal Mail postal services, to deliver the products to your UK address. We use either Royal Mail Signed For (Recorded), Royal Mail Special Delivery (by 1pm), Royal Mail International Signed For (which allows products to be insured and tracked), Parcelforce Priority International (which allows products to be insured and tracked) for selected European countries and selected international countries. Actual delivery times may vary depending on;
- our stock availability;
- your delivery address;
- when you make your selection; and
- circumstances impacting delivery by the Royal Mail.
We reserve the right to use alternative delivery methods without prior notification.
9.3 You will not hold us responsible for any delays, outside our control, which relate to the delivery of products.
9.4 After placing your first order please allow up to fifteen (15) working days for delivery.
9.5 Royal Mail currently quotes a delivery time of two (2) or more days for first class post, three (3) or more days for second class post, around seven (7) days for Airmail and around three (3) days for Parcelforce Priority International and International Signed For (correct as at 18 April 2012).
9.6 It is your responsibility to report all lost products within fifteen (15) days of placing your order by email to email@example.com. Products not reported in this time will result in no refund.
9.7 We reserve the right to cancel your service if it becomes apparent that, in our sole opinion, the postal service in your area is too unreliable.
9.8 Products can be returned to Dan Pyne up to seven (7) days after the delivery date. On receipt of the returned product you will be refunded for the cost of the unopened items minus the costs to Dan Pyne for postage and packaging. All goods returned for refund must be completely unused and in a saleable condition. We reserve the right to charge a restocking fee of 25% of the value of returned products.
9.9 We regret we cannot be responsible for the delivery of orders outside of the UK (currently this includes selected European countries and selected international countries) unless International Signed For or Parcelforce Priority International tracked and insured delivery is specified.
10.1 You agree that you will not infringe any rights including intellectual property rights of any person including, without limitation, copying, reproducing or otherwise modifying any material provided as part of your account.
10.2 All content and programming of the Dan Pyne website is the property of Dan Pyne. You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Dan Pyne website without written permission from Dan Pyne.
11.1 If you wish to cancel your order you need to email us at firstname.lastname@example.org or use the contact form on the website. You need to give 7 (7) days’ notice of your cancellation. Any orders due in that time will be charged and processed as normal. You remain responsible for ensuring that any such change or cancellation is not only transmitted by you, but received by us. We reserve the right to deliver and charge in full for any order unless we have received notice of cancellation. Any payments you have made for orders which have been properly cancelled will be re-credited to you.
11.2 Not withstanding clause 11.1 above, you are entitled to cancel a payment for products where fraudulent use has been made of your payment card by a person not acting, or to be treated as acting, as your agent. If you have already made a payment where your payment card has been so fraudulently used, then you should approach your card issuer for re-credit to your card.
11.3 We reserve the right to terminate or restrict your use of our service, for any or no reason whatsoever. In particular, we may do so is if we believe that you are in breach of any obligation under these Terms & Conditions, including, but not limited to, section 10.2. If we terminate your use of our service as a result of a breach of any obligation under these Terms & Conditions, such termination would be immediate and without notice.
12. Privacy & Cookies
13. Promotion Codes
13.1 Any promotion code or offer provided on this site cannot be used in conjunction with any other promotion, past or present.
14. Disclaimer of Warranties and Limitations on Liability
14.1 Nothing in this clause (14) or otherwise in these Terms & Conditions shall exclude or in any way limit Dan Pyne’s liability for:
- Death or personal injury caused by its negligence (including negligence as defined in s.1 Unfair Contract Terms Act 1977.
- Where you are a consumer, for negligence, breach of contract or breach of statutory duty in respect of defective products sold through the website.
- Liability to the extent the same may not be excluded or limited as a matter of law.
- Nor will any of these terms restrict any of your statutory rights. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizen’s Advice Bureau.
14.2 This website and its contents are provided “as is” and on an “as available” basis and we make no representations or warranties of any kind with respect to it. We assume no liability or responsibility for any errors or omissions in the content of the website, any failures, delays, or interruptions in the shipment of boxes, delivery or downloading of any content contained on the website, any costs, losses, expenses or damages arising from the use of or reliance on the content provided on the website or any conduct by users of the website. We reserve the right to deliver products at our sole discretion. Subject to clause 14.1, we disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current.
14.3 Subject to clause 14.1, in no event shall we, our shareholders, directors, officers, or employees be liable (jointly or severally), to you or any third party for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
14.4 Subject to clause 14.1 our maximum liability to you (whether in contract, tort, (including negligence), breach of statutory duty or otherwise), arising out of or in connection directly or indirectly with your use of the website, website content or our services shall not exceed in aggregate the greater of GBP £1 and/or the total amount paid by you to us in respect of the services provided by Dan Pyne in the month preceding any such claim. If you are a consumer, please note that this does not affect your statutory rights.
15. Applicable Law
15.1 This website is controlled by Dan Pyne. Your use of this website is governed by these Terms & Conditions and construed and enforced in accordance with the laws of England and Wales. Disputes arising from your use of this website and the services we provide are subject to the exclusive jurisdiction of the English courts.
16. Assignment by Us
16.1 You agree that we may assign any of our rights and/or transfer, sub-contract or delegate any of our obligations under these Terms & Conditions. These Terms & Conditions are personal to you and are agreed to by you for your own benefit and not for the benefit of any other party.
17. No Waiver
17.1 If we delay exercising or fail to exercise or enforce any rights available to us under these Terms & Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms & Conditions.
18. Force Majeure
18.1 We will not be liable to you for any lack of performance, or the unavailability or failure, of this website or our services, or for any failure by us to comply with these Terms & Conditions, where such lack, unavailability or failure arises from any cause reasonably beyond our control.
19. Third Party Rights
19.1 Subject to clauses 14.1, 14.2, 14.3 you hereby acknowledge and agree that nothing in these Terms & Conditions confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.
19.2 In accordance with clause 1.2.1, we may rescind, waive, assign, release or vary any or all of the provisions in the Terms & Conditions in any way without the consent of any third party.
20. Damaged or Defective Items
20.1 You must inspect the products delivered to you on day of receipt and notify us the same day of any defects. We will replace or refund you for defective products if notified of any damage or defects on the day of receipt.
21. Indemnity by you
21.1 You agree to indemnify and hold Dan Pyne, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with any breach by you of these Terms & Conditions or any violation by you of any applicable laws or the rights of any third party.
22. Website Disclaimer
22.1 The information contained in this website is for general information purposes only. The information is provided by Dan Pyne and whilst we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
22.2 This website and its content is copyright of Dan Pyne. All rights reserved.
This version last updated 26 April 2103. v1.0. E&OE.