Terms and Conditions
Please read these terms and conditions before placing an order.
If you do not agree to these terms, do not use this site.
All sales are sold as seen.
Welcome
to the terms and conditions for use of the Drakus Limited website.
These terms and conditions apply to all transactions undertaken through
this website and are governed by English law and any legal actions
arising out of such transactions shall be subject to the English legal
process under the jurisdiction of the English courts. Please ensure that
you have fully read the terms and conditions of using this website and
are agreeable to be bound by same before you place an order.
If
you have any questions relating to these terms and conditions please
either call us between 9.00 am to 5.30 pm GMT Monday to Friday. or
e-mail us. Tel.+44 (0) 1483 874 102.
DEFINITIONS
"Conditions"
means these terms and conditions; "Online Sales" means sales conducted
through the Website; "Product" means a product displayed for sale on the
Website; "Product Description" means that part of the Website where
certain terms and conditions in respect of the individual Product are
provided; "Users" means the users of the Website collectively; "We/us"
means Drakus Limited; "Website" means the website located at
www.drakus.com or any subsequent URL which may replace it; "United
Kingdom" means England, Wales, Scotland and Northern Ireland and "You"
means a user of the Website. This web site is owned and operated by
Drakus Ltd and contains material, which is derived in whole or in part
by Drakus Ltd, its partners, suppliers and manufacturers. The following
are terms of a legal agreement between you and Drakus Ld. By accessing,
browsing and/or using this site, you acknowledge that you have,
understood, and agree to be bound by these terms and to comply with all
applicable laws and regulations.
If you do not agree to these terms, do not use this site.
USE OF THE WEBSITE ACCESS
We will provide you with access to the Website and the Online Sales in accordance with the Conditions.
PRIVACY POLICY
We
are committed to protecting your personal privacy and, in accordance
with UK Data Protection law, we uphold strict security procedures for
the storage of your personal information.
When you place an order
we collect your name, e-mail address, mailing address and phone number.
We may record which products you are interested in and which products
you purchase. We also monitor customer traffic patterns which enables us
to improve the service we provide. This information is used to process
orders and to provide a more personal shopping experience. We will not
use your personal information for any other purpose except to notify you
of our special offers if you have asked for this. If you would prefer
not to receive e-mails alerting you of special offers, product
announcements and other news, just let us know.
When Ordering
When
you place an order from Drakus.com, we require your name, home address,
delivery address (if different), e-mail address, so we can process and
deliver your order. We also ask for your telephone number so that we can
contact you urgently if there is a problem with your order. The
information collected on the order form is not shared with any group or
organisation outside Drakus Ltd.
What are "cookies"? Why do we use them?
Cookies
are small pieces of information that your web browser stores on your
computer when you visit a website. Most browsers automatically accept
cookies. You can disable cookies on your computer by indicating this in
the preferences or options menus in your browser.
User's consent
When
you shop on our website, you agree to let us collect and use
information as specified in the privacy policy. If the privacy policy is
changed, the changes will be posted on this page, so you'll be aware of
what information we collect, how we put it to use and under what
circumstances we will disclose it.
INDEMNITY
You agree
fully to indemnify us and our officers, directors, employees, agents and
suppliers, harmless immediately on demand, from and against all claims,
liability, damages, losses, costs and expenses, including legal fees,
arising out of any breach of the Conditions by you or any other
liabilities arising out of your use of the Website.
OUR RIGHTS
We reserve the right to:
Modify
or withdraw, temporarily or permanently, the Website (or any part
thereof) with or without notice to you and you confirm that we shall not
be liable to you or any third party for any modification to or
withdrawal of the Website; and/or Change the Conditions from time to
time, and your continued use of the Website (or any part thereof)
following such change shall be deemed to be your acceptance of such
change. It is your responsibility to check regularly to determine
whether the Conditions have been changed. If you do not agree to any
change to the Conditions then you must immediately stop using the
Website.
THIRD PARTY LINKS
In an attempt to provide
increased value to our Users, we may provide links to other websites or
resources. You acknowledge and agree that we are not responsible for the
availability of such external sites or resources, and do not endorse
and are not responsible or liable, directly or indirectly, for the
privacy practices or the content of such websites, including (without
limitation) any advertising, products or other materials or services on
or available from such websites or resources, nor for any damage, loss
or offence caused or alleged to be caused by, or in connection with, the
use of or reliance on any such content, goods or services available on
such external sites or resources.
ORDERS
All orders are
subject to acceptance in accordance with our Order Acceptance Policy and
availability. If the Product you have ordered is not available from
stock you have the option either to wait until the item is available
from stock (back order) or to cancel your order in accordance with our
Cancellation Policy. We will take all reasonable care, in so far as it
is in our power to do so, to keep the details of your order and payment
secure, but in the absence of negligence on our part we cannot be held
liable for any loss you may suffer if a third party procures
unauthorised access to any data you provide when accessing or ordering
from the Website.
ORDER ACCEPTANCE POLICY
The contract
between you and us will be completed on the despatch of the Products
ordered to you unless we have notified you that we do not accept your
order or you have cancelled it in accordance with our Cancellation
Policy. The sale contract is therefore completed in England. We reserve
the right to reject any offer to purchase by you at any time.
DESCRIPTION OF PRODUCTS
Each
Product purchased is sold subject to its Product Description which sets
out additional specific terms and conditions related to that Product
including, without limitation terms and conditions concerning estimated
delivery times and warranty. All details, descriptions and prices of
Products appearing on the Website are correct at the time when the
relevant information was inputted. Although we aim to keep the Website
as up to date as possible, the information including Product
Descriptions appearing on the Website at a particular time may not
always reflect the position exactly at the moment you place an order.
PAYMENT
All
prices are inclusive of Value Added Tax (VAT) at the current rates and
are correct at the time of entering information. Our VAT number is
UK-709-2220-60. The total cost of your order is the price of the
Products ordered (plus any shipping charges). You will receive an
electronic confirmation of our receipt of your order via e-mail. Payment
can be made by any of the specified Payment Options. The price for the
Products shall be the price quoted on the Web Site on the date of
acceptance of the order by the supplier.
PAYMENT OPTIONS
Drakus.com offers the following variety of payment methods: Paypal, Credit cards, Nochex, Cheque and TT
DELIVERY
We
can deliver goods to destinations within the UK and overseas. We aim to
deliver goods to destinations in the UK within 5 days in most
circumstances. Specific delivery times are dependant on the method
selected within our site. Special order items may take longer. We will
make every effort to deliver within the time stated on our website but
we will not be liable for any loss caused to you by late delivery. If
the goods are not delivered within the delivery time which we quote for
that item, please contact us by telephone or email.
REFUSAL OF TRANSACTION
We
reserve the right to withdraw any Products from the Website at any time
and/or remove, screen or edit any materials or content on the Website.
We may refuse to process a transaction for any reason or refuse service
to anyone at any time in our sole discretion. We will not be liable to
you or any third party by reason of our withdrawing any Product from the
Website whether or not that Product has been sold; removing, screening
or editing any materials or content on the Website; refusing to process a
transaction or unwinding or suspending any transaction after processing
has begun. By making an offer to buy a Product, you specifically
authorise us to transmit information (including any updated information)
or to obtain information about you from third parties from time to
time.
USE OF PRODUCTS
If We provide You with information
about the use for which the products are designed and about any
conditions necessary to ensure that the Products will be safe then You
shall use the products accordingly, and We shall not be liable for any
consequence that arises as a result of You not using the products
accordingly.
WARNING
You must carefully follow all the
directions and guidelines supplied with the Product before you use it.
We will try to place proper warnings and product interactions throughout
this web site, but inevitably we will fail to cover all subject matter.
GENERAL
INTELLECTUAL PROPERTY AND RIGHT TO USE
You
acknowledge and agree that all copyright, trademarks and all other
intellectual property rights in all material or content supplied as part
of the Website shall remain at all times vested in us or our licensors.
You are permitted to use this material only as expressly authorised by
us or our licensors. You acknowledge and agree that the material and
content contained within the Website is made available for your personal
non-commercial use only and that you may download such material and
content onto only one computer hard drive for such purpose. Any other
use of the material and content of the Website is strictly prohibited.
You agree not to (and agree not to assist or facilitate any third party
to) copy, reproduce, transmit, publish, display, distribute,
commercially exploit or create derivative works of such material and
content.
WARRANTY
Subject to the conditions set out we warrant that all Products are SOLD AS SEEN.
COMPLIANCE WITH LAWS
The
Website may be used only for lawful purposes and in a lawful manner.
You agree to comply with all applicable laws, statutes and regulations
regarding the Website and any transactions conducted on or through the
Website.
LIMITATION OF LIABILITY
While we will use
reasonable endeavours to verify the accuracy of any information we place
on the Website, we make no warranties, whether express or implied in
relation to its accuracy. The Website is provided on an "as is" and "as
available" basis without any representation or endorsement made and we
make no warranties of any kind, whether express or implied, in relation
to the Website, or any transaction that may be conducted on or through
the Website including but not limited to, implied warranties of
non-infringement, compatibility, security, accuracy, conditions of
completeness, or any implied warranty arising from course of dealing or
usage or trade. We make no warranty that the Website will meet your
requirements or will be uninterrupted, timely, secure or error-free,
that defects will be corrected, or that the site or the server that
makes it available are free of viruses or bugs or represents the full
functionality, accuracy, reliability of the materials. We will not be
responsible or liable to you for any loss of content or material
uploaded or transmitted through the Website.
To the fullest
extent permissible under applicable law, we disclaim any and all
warranties of any kind, whether express or implied, in relation to the
Products. Notwithstanding any other provision in the Conditions, nothing
herein shall limit your rights as a consumer under English law. You
acknowledge that we cannot guarantee and therefore shall not be in any
way responsible for the security or privacy of the Website and any
information provided to or taken from the Website by you.
We will
not be liable, in contract, tort (including, without limitation,
negligence), pre-contract or other representations (other than
fraudulent or negligent misrepresentations) or otherwise out of or in
connection with the Conditions for: any economic losses (including
without limitation loss of revenues, profits, contracts, business or
anticipated savings); or any loss of goodwill or reputation; or any
special or indirect or consequential losses; in any case whether or not
such losses were within the contemplation of the parties at the date of
the Conditions, suffered or incurred by that party arising out of or in
connection with the provisions of any matter under the Conditions.
Nothing in the Conditions shall exclude or limit our liability for death
or personal injury resulting from our negligence or that of our
servants, agents or employees.
SEVERANCE
If any part of
the Conditions shall be deemed unlawful, void or for any reason
unenforceable, then that provision shall be deemed to be severable from
the Conditions and shall not effect the validity and enforceability of
any of the remaining provisions of the Conditions. WAIVER No waiver by
us shall be construed as a waiver of any proceeding or succeeding breach
of any provision.
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