Terms and Conditions 

CONTENTS

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CLAUSE

  1. These terms
  2. Information about us and how to contact us
  3. Our contract with you
  4. Our products
  5. Your rights to make changes
  6. Our rights to make changes
  7. Providing the products
  8. Your rights to end the contract
  9. How to end the contract with us (including if you have changed your mind)
  10. Our rights to end the contract
  11. If there is a problem with the product
  12. Price and payment
  13. Our responsibility for loss or damage suffered by you
  14. How we may use your personal information
  15. Other important terms

 

Our terms

  • These terms
      1. What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content. 
      2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss. 
  • Information about us and how to contact us
      1. Who we are. We are DezyBand Limited, a private company incorporated under the Companies Acts in (Company number SC689163) with a registered office at 272 Bath Street, Glasgow, Scotland G2 4JR.
      2. How to contact us. You can contact us by writing to us at [email protected]
      3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. 
      4. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
  • Our contract with you
      1. How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. 
      2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified. 
      3. Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
      4. We only sell to certain countries. Unfortunately, we do not accept orders from or deliver to addresses outside those specifically listed on our website.
  • Our products
      1. Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. 
      2. Product packaging may vary. The packaging of the product may vary from that shown in images on our website. 
  • Your rights to make changes

If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see 8- Your rights to end the contract).

  • Our rights to make changes
      1. Minor changes to the products. We may change the product: 
        1. to reflect changes in relevant laws and regulatory requirements; and 
        2. to implement minor technical adjustments and improvements, for example to address a security threat. 
      2. More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make additional  changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
      3. Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it. 
  • Providing the products
      1. Delivery costs. The costs of delivery will be as displayed to you on our website.
      2. When we will provide the products. During the order process we will let you know when we will provide the products to you. If the products are ongoing services or subscriptions, we will also tell you during the order process when and how you can end the contract.
      3. We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received. 
      4. If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
      5. If you do not re-arrange delivery. If you do not collect the products from us  as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot 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 10.2 will apply.
      6. If you do not allow us access to provide services. If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and 10.2 will apply.
      7. When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.
      8. When you own goods. You own a product which is goods once we have received payment in full.
      9. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, your name and address. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it. 
      10. Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
        1. deal with technical problems or make minor technical changes;
        2. update the product to reflect changes in relevant laws and regulatory requirements;
        3. make changes to the product as requested by you or notified by us to you (see 6).
      11. Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 21 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
      12. We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see 12.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see 12.6). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see 12.5).  
  • Your rights to end the contract
      1. You can always end your contract with us.  Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
        1. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see 11;
        2. If you want to end the contract because of something we have done or have told you we are going to do, see 8.2;
        3. If you have just changed your mind about the product, see lause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods; 
        4. In all other cases (if we are not at fault and there is no right to change your mind).
      2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
        1. we have told you about an upcoming change to the product or these terms which you do not agree to (see 6.2);
        2. we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
        3. there is a risk that supply of the products may be significantly delayed because of events outside our control; 
        4. we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 21 days; or
        5. you have a legal right to end the contract because of something we have done wrong. 
      3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund.  These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. 
      4. When you don’t have the right to change your mind.  You do not have a right to change your mind in respect of:
        1. digital products after you have started to download or stream these; 
        2. services, once these have been completed, even if the cancellation period is still running;
        3. products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
        4. sealed products, once these products are unsealed after you receive them; and 
        5. any products which become mixed inseparably with other items after their delivery.
      5. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided, but we may deduct from that refund.
  • How to end the contract with us (including if you have changed your mind)
    1. Tell us you want to end the contract. To end the contract with us, please let us know by doing the following:  
  • Email. Email us at [email protected] Please provide your name, home address, details of the order and, where available, your phone number and email address, together with a reason for the return. 
  1. Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. 
  2. When we will pay the costs of return. We will pay the costs of return:
    1. if the products are faulty; or
    2. if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description or because you have a legal right to do so as a result of something we have done wrong; 

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.   

  1. What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. 
  2. How we will refund you.  We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
  3. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind: 
    1. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. 
    2. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
    3. Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
  4. When your refund will be made. We will make any refunds due to you as soon as possible, but usually no later than 14 days from the date when we confirm the refund will be provided to you.
  • Our rights to end the contract
      1. We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
        1. you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
        2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products.
        3. you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
        4. you do not, within a reasonable time, allow us access to your premises to supply the services.
      2. You must compensate us if you break the contract. If we end the contract in the situations set out in 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you a reasonable compensation for the net costs we will incur as a result of your breaking the contract but, in any event no less than £50. 
      3. We may withdraw the product. We may write to you to let you know that we are going to stop providing the product.
  • If there is a problem with the product
      1. How to tell us about problems. If you have any questions or complaints about the product, please contact us. 
      2. Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. You will pay the costs of postage or collection. 
  • Price and payment
      1. Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see 12.3 for what happens if we discover an error in the price of the product you order. 
      2. We will pass on changes in the rate of VAT. 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 before the change in the rate of VAT takes effect.
      3. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date. If we discover that the price was incorrect, we reserve the right to cancel your order and refund any price paid by you.
      4. We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount. 
      5. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
  • Our responsibility for loss or damage suffered by you
      1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. 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. By accepting these terms and conditions, and to the extent permissible by law, you agree that any losses or damages which we are responsible for are and will be strictly limited to the aggregate amount paid by you to us in exchange for the product or service. For example, if you paid us £30 for a product, any loss or damage caused, which was our fault, would be limited to £30.
      2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for defective products under the Consumer Protection Act 1987
      3. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • Other important terms
    1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
    2. Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    3. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    4. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
    5. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Scots law and, by accepting these terms, you agree that you can only bring legal proceedings against us in the Scottish courts.