Terms & Conditions
Information About Us
We operate the website www.dockofthebay.co.uk. We are Dock of the Bay Limited, a company registered in England and Wales under company number 07887823 and with our registered office at 4 The Crescent, Adel, Leeds, LS16 6AA. Our VAT number is GB 227849375
Our site is only intended for use by people resident in the countries listed in delivery policy and costs. We do not accept orders from individuals outside those countries.
By placing an order through our site, you warrant that:
– you are legally capable of entering into binding contracts;
– you are purchasing the products outside the course of your normal business or trade and not for resale
How the Contract is Formed Between you and us
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been despatched (Despatch Confirmation). The contract between us (Contract) will only be formed when we send you the Despatch
The Contract will relate only to those Products whose despatch we have confirmed in the Despatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the despatch of such Products has been confirmed in a separate Despatch Confirmation.
General T’s & C’s
The Products will be your responsibility from the time of delivery.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to us at 4 The Crescent, Adel, Leeds, LS16 6AA, or by email to email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
Transfer of Rights and Obligations
The contract between you and us is binding on you and us and on our respective successors and assignees. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
Events Outside our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.A waiver by us of any default will not constitute a waiver of any subsequent default.No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract. We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. Nothing in this clause limits or excludes any liability for fraud.
Our Right to Vary These Terms and Conditions
We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Despatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
Law and Jurisdiction
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Third Party Rights
A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
Returns and Exchanges
It’s no problem to get an exchange or a refund. We just ask that you send your purchase back within 28 days of receipt of goods making sure it’s unused and good as new in its original packaging with all info tags still attached. Please use the Returns Address Label provided with your order, placing the removable Returns Address Label securely on the outside of the package, and place the completed Returns Form inside the package. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
Send to: Dock of the Bay Ltd, as printed on the Returns Address Label. You can also speed up this process by notifying us of the Return; please log in to My Account; or e-mail us at firstname.lastname@example.org. We recommend that you request a Proof of Postage from your Post Office Counter when posting your item as all products are returned at your own risk and we will not be held liable for lost or damaged parcels.
For exchanges, the replacement goods will be delivered to you free of charge. This will only apply to the first occasion when a replacement item(s) is requested and to UK orders. If a subsequent request is made to replace the replaced item, we reserve the right to request additional postage costs from you before the item is despatched. For items returned from Europe and the Rest of the World we will, if a replacement item has been requested, contact you and collect a payment to cover the cost of postage and packing.We will refund the order or relevant part of it (including the original delivery charge to you, if the whole order is returned within 14 working days from the day after the day of delivery to you of the Products) as soon as possible and in any case within 14 days of receiving the goods back.
If you cancel your order and we do not receive the item back from you, we may arrange to collect the item from you at your cost.If you return a Product to us because you consider it to be defective, we will examine the returned Product and ill notify you of any refund via e-mail within a reasonable period of time. We will usually process any refund due to you as soon as possible and, in any case, within 14 days of the day we confirmed to you via e-mail that you were entitled to a refund.We will usually refund any money received from you using the same method originally used by you to pay for your purchase. The above does not affect your statutory rights, including your rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, in which you have the right to cancel your order within 14 working days, beginning on the day after you received the Products.