Terms & Conditions
Please read these terms and conditions carefully, they contain important information about your rights and obligations.
1.1 Please read these terms and conditions carefully before using the web site operated by Dualit Limited (“Dualit” “we” or “us). In particular, we draw your attention to clauses 7 (Use of the Web site) and 11 (Liability).
1.2 Without prejudice to the above, by using or accessing our web site and/or placing an order you agree to be legally bound by these terms and conditions of use as they apply to your use of or access to our web site.
1.3 If you do not wish to be bound by these terms and conditions then you may not use our web site.
2. Nature of our web site
2.1 Our web site is a place for you to select and order any goods to be supplied to you by us (the “Products”). Our web site describes the Products in more detail.
2.2 Please note that the contents of our web site are aimed at users aged 18 and above. You must be over 18 years to purchase the Products using the payment method displayed on our web site.
3.Buying Products on our web site
3.1 To order a product you will need to follow the ordering procedures set out on our order page.
3.2 Details of our prices for the Products, and the procedures for payment and delivery are displayed on our web site. You must pay by credit or debit card at the time of order. The price of any Product is the price in force at the date and time of your order. We may change the price of any Product before you place an order. We try to ensure that our prices displayed on our web site are accurate but the price on your order will need to be validated by us as part of the acceptance procedure. We will inform you if a Product’s correct price is higher than that stated in your order and you may cancel the order and decide whether or not to order the product at the correct price.
3.3 Dualit is entitled to refuse any order placed by you. Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually despatch an item to you, at which point a contract will be made between us. At any point up until then we may decline to supply an item to you, If we decline to supply an item to you and you have already paid for it, we will give you a full refund of any amount already paid for that item in accordance with our refund policy. An order will be fulfilled within 30 days.
3.4 You undertake that all details you provide to us for the purpose of purchasing goods or services which may be offered by us on our web site will be correct, that the credit or debit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any goods or services. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.
3.5 If the Product ordered by you is unavailable we may provide to you a substitute of an equivalent quality and price. Sometimes product specifications may change, in which event, we will do our best of offer you a substitute of the same or better quality.
4.1 The provisions set out in this paragraph 4 are only for the benefit of customers who are entitled to rely on the Consumer Protection (Distance Selling) Regulations 2000.
4.2 You may return any Products you have purchased within 14 working days of delivery for any reason (including if you simply change your mind). To do so you must notify us in writing or other durable medium (including email) within those 14 working days. You will then be entitled to a refund from Dualit, which will be paid as soon as possible, but in any event within 30 days. You must arrange for and pay the costs of returning the Products to Dualit. On request, we will collect the Products from you, but the cost of this will be charged to you and we may deduct this from the refund. While in your possession, you must keep any Products you intend to return to us in good condition.
4.3.1 the Product delivered is not what you ordered (including any substitute product) ; or
4.3.2 the Product delivered is not of a satisfactory quality;
Dualit will, at its option, deliver to you a replacement Product or refund to you the price paid and your reasonable costs of returning the Products.
4.4 If you have any complaints, you should direct them to us via email at email@example.com or by post to The Customer Services Manager, Dualit Limited, County Oak Way, Crawley, W.Sussex, RH11 7ST.
5. Modifications to web site
We reserve the right to alter, suspend or discontinue any aspect of our web site or the content or services available through it, including your access to it. Unless explicitly stated any new features including new content and/or the sale of new Products shall be subject to these terms and conditions.
6. Information you provide
6.1 The following applies to any information you provide to us, for example during any registration or ordering process:
7. Use of the Web Site
7.1 We have used our best endeavours to ensure that our web site complies with UK law. However, we make no representations that the materials on our web site are appropriate or available for use in locations outside the United Kingdom.
7.2 Dualit makes no warranties, express or implied that making the Products available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if making the Products or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Products are not offered for sale to you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to purchase the Products. Dualit accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.
8. Copyright and Monitoring
The contents of our web site are protected by international copyright laws and other intellectual property rights. The owner of these rights is Dualit or other third party licensors. All product and company names and logos mentioned in our web site are the trade marks, service marks or trading names of their respective owners, including us. You may download material from our web site for the sole purpose of placing an order with Dualit or using our web site as a shopping resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our web site including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire.
9. Linked Sites
Dualit make no representations whatsoever about any other web sites which you may access through our web site or which may link to our web site. When you access any other web site you understand that it is independent from Dualit and that we have no control over the content or availability of that web site. In addition, a link to any other site does not mean that Dualit endorses or accepts any responsibility for the content, or the use of, such a web site and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web or resource. Any concerns regarding any external link should be directed to its web site administrator.
10. Availability of our web site
We will try to make our web site available but cannot guarantee that our web site will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our web site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, web site, router or any other internet connected device.
11.1 Save as expressly provided in these terms and conditions and except where Products are sold to a person dealing as a consumer within the meaning of the Unfair Contract Terms Act 1977, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. We will do our best to ensure that all materials and information published on our web site are accurate, but please note that all materials and information on our web site are provided on an ‘as is’ basis.
11.2 In relation to the purchase of Products, we accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect), however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our web site or its contents other than as a direct result of purchasing Products, we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of Dualit or our servants, agents or any other person.
11.3 If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Product concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or our statutory liability for defective goods under the Consumer Protection Act 1987.
11.4 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our web site and is compatible with our web site. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our web site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
11.5 The limitations and exclusions in this clause only apply to the extent permitted by English law. Where goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the consumer are not affected by these terms and conditions.
12.1 We may alter these terms and conditions from time to time and post the new version on our web site, following which all use of our web site will be governed by that version. You must check the terms and conditions on the web site regularly.
12.1.2 NX Capsules are supplied by PSUK Ltd.
12.3 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
12.4 These terms and conditions and your use of our web site are governed by English law and you submit to the exclusive jurisdiction of the English courts.
13.1 All notices shall be given:
13.1.1 to us via email at firstname.lastname@example.org; or
13.1.2 to you at either the e-mail or postal address you provide during any ordering or registration process.
Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.
© Dualit Limited 2010