TERMS AND CONDITIONS


General Information

Welcome to the terms and conditions of use for www.shopsatdartington.co.uk (“the website”), operated by the Dartington Trading Company Ltd (“Company”), a company incorporated in England and Wales with company number 1218378 (VAT number 339712736), and whose registered office is at The Elmhirst Centre, Dartington Hall, Dartington, Totnes, TQ9 6EL. The Dartington Trading Company Ltd is a subsidiary of The Dartington Hall Trust (“the Trust”), a charity registered in England as a company limited by guarantee. The profits of Dartington Trading Company Ltd support the work of the Trust.

Please read these terms and conditions carefully before accessing or using our website. By accessing or using the website the user (“you”) agrees to be bound by the terms and conditions set out below, and any orders you place are bound by these terms and conditions. If you do not agree to be bound by these terms and conditions, you may not use or access this website.

You can review the most current version of the terms and conditions at any time on this page. We reserve the right to update, change or replace any part of these terms and conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes will be considered as acceptance of those changes.

We reserve the right to amend or withdraw the website (either as a whole or in part, on either a temporary or permanent basis) at any time and without notice, and we shall not be liable to you or any third party for these changes, or if the website is unavailable at any time or for any period.

The website may be used only for lawful purposes and in a lawful manner. Therefore the website must not be used for fraudulent purposes, or in connection with a criminal offence or other unlawful activity. You agree to comply with all applicable laws, statutes and regulations regarding the website and any transactions conducted on or through the website. You must not use the website in any manner which causes (or is likely to cause) the website (or access to the website) to be interrupted, damaged or impaired in any way.

The website is hosted by Volusion Inc., who provide us with the e-commerce platform that enables us to offer our products for sale to you.

1. Privacy

1.1. We collect and process information about you in accordance with our Privacy Policy. Please take the time to read this policy, as they include important terms which apply to you. By using this website, you consent to such collection and processing and as such, you warrant that:

  • all data (including personal details) you provide to us is not misleading, and is true, accurate, current and complete in all respects;
  • you will inform us immediately should there be any changes to these details (change of name, address etc.) by e-mailing us at sales@shopsatdartington.co.uk;
  • you agree not to impersonate any other person or entity, or to use a false name or a name which you are not authorised or entitled to use.

1.2. You agree that any communication, material or content you submit to the website shall not infringe the privacy or any other right of any third party, nor contain anything libellous or otherwise unlawful, abusive or obscene. As such, you are and will remain solely responsible for the content of any submissions you make to the website, and we reserve the right to use our sole discretion to remove any material you have submitted to the website or to deny you access to the website at any time.

2. Intellectual Property

2.1. The website is provided for your personal use only, and may not be used for any commercial purpose. You acknowledge and agree that the Dartington Trading Company Ltd (“Company”) is the owner or licensee of all copyright and intellectual property rights in all material or content supplied as part of the website. You are not permitted to (and agree not to assist or facilitate any third party to) use, copy, reproduce, transmit, publish, upload, display or distribute any part of the website’s material or content without first gaining written permission from us or our licensors.

3. Website Links

3.1. You may place a hyperlink [a “Link”] to the website home page (www.shopsatdartington.co.uk), provided that you comply with the following:

  • the link must always be in the form of an active text directly to www.shopsatdartington.co.uk;
  • You may not use any of the Company’s names, logos, designs, slogans or other trademarks in or with your links, or any other words or codes identifying the Company in any “metatag” or other information used by search engines or other information location tools to identify and select sites, without the express permission in writing from the Company;
  • you may not incorporate any content from the Company’s website onto your website (e.g., by in-lining, embedding images, framing or creating other browser or border environments around the content of the website). The consent granted here is only to link to, not replicate, the website content;
  • your use of the Link must in no way disparage or send any negative, inaccurate or misleading message with respect to the Company or its products, services or business, or otherwise detract from or depreciate the goodwill associated with the Company or its business or representatives or proprietary materials;
  • you may not use a Link on any website which contains content which could be construed as distasteful, offensive or controversial;
  • your use of the Link must not imply any endorsement or sponsorship by the Company of your products or services, or any relationship or affiliation between you or your website and the Company. The Link may be included on your website for information or convenience purposes only;
  • you may not use the Link in any manner which infringes any intellectual property or other rights or violates any provincial, federal or international law;
  • the Company reserves the right, in its sole and exclusive discretion, to terminate your right to use a link to its website, either as a result of your failure to comply with these terms and conditions or for any other reason which the Company deems appropriate in its sole and exclusive discretion. Upon termination of this consent, you shall immediately cease any and all use of the Link.

3.2. Where the website contains links to other websites and resources provided by third parties, these links are provided for your information only. Once you have used any such links to leave the website, you should be aware that we have no control over (and are not responsible for) the content of those websites or resources, and we accept no responsibility for any loss or damage that may arise from your use of these links.

Purchasing from the Website

4. Restrictions

4.1. We are currently unable to accept orders from individuals residing outside of the United Kingdom. By placing an order via the website, you warrant that you are resident within the United Kingdom, and that the nominated address for the goods to be delivered to is also within the United Kingdom.

4.2. We are unable to sell the following products to customers under the age of 18:

  • Knives;
  • Products containing intoxicating liquor (a drink containing alcohol is classified as intoxicating if it contains more than 0.5% of alcohol by volume (0.5% ABV);
  • Solvents.

4.3. We are unable to sell the following products to customers under the age of 16:

  • Chocolates containing liquor;
  • Christmas crackers, cracker snaps or party poppers.

4.4. By placing an order for an age-restricted item such as those listed above, you warrant that you meet the age requirement of the product and that the information you provide is truthful and correct, in accordance with the Licensing Act 2003. It is an offence to buy or attempt to buy age-restricted items if you are under-age, or to purchase such items for someone else who is under-age.

4.5. In order to ensure that we have exercised all due diligence in our duty to comply with the Licensing Act, we are currently only able to offer items that would be classified as age-restricted products (as listed in clauses 4.2 and 4.3) for sale via our in-store Click and Collect service, as we require proof of age of the purchaser upon collection. We reserve the right not to sell any age-restricted product to anyone who is (or appears to be) under the required age or cannot provide sufficient proof of age.

5. Price of Products

5.1. All prices are in GB pounds (£) sterling and inclusive of UK value added tax (“VAT”) (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

5.2. The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system.

5.3. Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation.

5.4. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.

6. Product Descriptions

6.1. The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your monitor or screen’s display of the colours accurately reflects the colour and texture of the Product. Your Products may vary slightly from those images.

6.2. The packaging of Products may vary from the images shown on our website.

7. Product Availability

All Products shown on our website are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and will not process your order if made (and will refund any payment that may have been processed). In the case of hampers, should there be any supply problems we reserve the right to substitute goods or packaging of equal quantity and value and notify you accordingly.

8. Placing an Order

8.1. For further information about the steps you need to take to place an order on our website, please see our Placing an Order page.

8.2. We will take all reasonable care (insofar as it is possible to do so) to keep the details of your order and payment secure. However, 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 or personal information you provide when accessing or placing an order on the website.

8.3. All orders placed via the website must be paid for via credit or debit card, or PayPal. We accept payment via Visa and Mastercard credit cards, in addition to Maestro, Visa Electron and Visa Debit cards.

8.4. We regret that we are currently unable to accept payment by gift card for items purchased from the website. Items purchased from the website are currently excluded from the Shops at Dartington Loyalty Scheme or other discount scheme.

8.5. An order is considered to have been placed by you when the ‘place order’ button has been pressed at the end of the checkout process. You will be guided through the process of placing an order by a set of simple instructions on the website.

8.6. Once an order is placed, you will receive an e-mail from us acknowledging that we have received your order and containing details of the products that have been ordered. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 8.7.

8.7. Unless we have notified you that we have been unable to accept your order (see clause 8.8), or you have cancelled your order using the steps set out below, in accordance with the Consumer Contracts Regulations 2013, the acceptance of your order will take place on the date on which we receive payment for the goods in full. The completion of your order (and the completion of the contract between you and the Company will take place on the date and time of collection of the goods from the Click and Collect collection point, or delivery of the goods to your nominated delivery address (subject to your acceptance of the goods).
8.8. In some circumstances, we may be unable to accept an order. Such circumstances may include, but are not limited to, one of the following:

  • The product ordered being unavailable or out of stock (see clause 7);
  • Our inability to obtain authorisation for your payment;
  • Discovery of a product description or pricing error;
  • Your failure to meet the ordering criteria set out in the main terms and conditions;
  • Reasonable suspicion of fraudulent activity.

If an order is rejected we will inform you by email and refund any payment made as soon as possible. In the event of fraudulent activity we reserve the right to pass the details onto an appropriate agency.

9. Gift Wrap

We are pleased to offer a gift wrapping service for selected items (please see individual product descriptions to determine which items are eligible for this service). For orders under £50, this service will be charged at £1 per item. For orders over £50, this service will be free of charge. Please ensure that you have selected the gift wrap option from the relevant drop-down menu for each item you would like wrapped if you would like to take advantage of this service.

10. Delivery

10.1. For orders placed via the website, we offer the following delivery and Click and Collect options:

Standard Delivery (3-5 days) Click and Collect
£3.99 (exceptions apply*) Free

* Please note that the delivery charge for some of our larger hampers will be £5.99.

We regret that we are currently unable to offer international shipping - all postage is for mainland UK only.

Please note that there are some items which are currently only available via the Click and Collect service.

10.2. You must provide us with complete and accurate delivery address information to enable your order to be shipped to you. To avoid doubt, this must include not only the address that your order is going to, but also the name of the recipient, along with a daytime contact telephone number or e-mail address so that we can notify you should any delivery problems be encountered. We are not liable for the delivery of your order to the incorrect address or recipient as a result of you supplying incomplete or inaccurate information.

10.3. If an item is returned to us due to incorrect or inaccurate information supplied by the customer, we reserve the right to charge an additional fee for further costs incurred in redelivery.

10.4. Orders will be delivered via Royal Mail or UKMail (or similar third party courier) to UK Mainland addresses. Although we estimate that normal delivery shall take place within 3-5 days of dispatch, please note that - during busy periods - the delivery of your order may take longer. Deliveries cannot be made at specifically requested times – all orders will be delivered between 9.00am to 5.00pm on Monday to Saturday.

10.5. If the courier is unable to find someone to accept delivery or is unable to leave the delivery in a secure location – they will leave a card at the address for the recipient to make contact and re-arrange delivery. Please note that it is the responsibility of the recipient to liaise with the courier to arrange redelivery. If the recipient fails to make contact in good time, the courier may charge for redelivery or delivery to an alternative address.

11. Click and Collect

11.1. Click and Collect is a complimentary collection service available from The Shops at Dartington at Shinners Bridge, Dartington, TQ9 6TQ.

11.2. Orders placed using the Click and Collect service will be treated as a UK order, and will include UK VAT.

11.3. If your Click and Collect order has not been collected within 14 days of the date on which it was made available for collection, the order will be returned to our warehouse and it will no longer be possible to collect these items. In relation to some products (such as perishable items), this period may be shorter, so it is advisable to check product descriptions for further timescale information before ordering. If you fail to collect your order within the set period of time, we will automatically refund the original purchase price of your order.

12. Cancelling an Order, Returns and Exchanges

12.1. As a UK consumer, you have a legal right to cancel an Order under the Consumer Rights Act 2015 during the period set out below in clause 12.4. This means that during the relevant period if you change your mind (or for any reason you decide you do not want to keep a Product), you can notify us of your decision to cancel the Contract and will receive a refund.

12.2. However, unless your item is faulty, this cancellation right does not apply in the case of:
  1. Any made-to-measure, custom-made or personalized products, or;
  2. newspapers, periodicals or magazines;
  3. perishable goods, such as food, drink or fresh flowers;
  4. Unsealed toiletries or cosmetics which have been opened, tested or partially used
  5. software, DVDs or CDs which have a security seal which you have opened or unsealed.
This does not affect your statutory rights.

12.3. Your legal right to cancel a Contract starts from the date of the Order Confirmation, which is when the Contract between us is formed. You have a period of 30 (thirty) calendar days from when you either collected or received the product by post in which you may cancel, starting from the day you received or collected the product.

12.4. If you wish to cancel or change your Order before the order has been dispatched (or before you have received notification that your click and collect order is ready for collection), you must notify us using the cancellation form (downloadable from our Returns and Refunds page) or by telephoning us on 01803 847520. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the notification to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.

12.5. Once we have received notification of your intent to cancel your Order, we will complete the cancellation of your order and (subject to any monies having already been taken from you) will refund the original purchase price and a standard delivery charge by the original payment method within 14 days.

12.6. If your cancellation / exchange request is received after your order has been dispatched or collected from the Click and Collect collection point, you must return the item(s) within 14 days of notification of that cancellation. We will process any refund within 7 days of receiving the returned item or proof of postage of such.

12.7. In accordance with the Consumer Rights Act 2015, if an item is faulty or deemed misrepresented, you are entitled to a full refund or replacement if a return is initiated within 30 days of your receipt or collection of the goods. If an item develops a fault and is returned after this 30 day window has passed, but within 6 months of receipt or collection of goods, then we automatically endeavour to repair or replace the goods. If you are not satisfied with that repair or replacement, you have the final right to reject and return the item for a full refund. This will mark the end of the contract and any further obligations for the Company in relation to that contract.

12.8. Under section 20.8 of the Consumer Rights Act 2015, the Company shall bear the reasonable costs of postage in returning any items for refund or exchange. This cost cannot exceed the actual cost incurred by the Company in posting the items to you without prior consent of the Company, and is not applicable in the case of items collected by Click and Collect or when returning an item to the Company in person.

12.9. Except in the case of faulty items, products must be returned in a saleable condition, meaning that they are unused and in their original packaging, with garment tags and any other security tags or seals still attached and intact. In the case of items which are protected by hygiene seals (such as lingerie, earrings and cosmetics), you are required to take reasonable care by not removing these seals. We reserve the right to assess the condition of any product returned to us and will be unable to provide a full refund if there are indications that the product, its tags, security devices or seals have been used, removed, broken or tampered with. We reserve the right to reduce the refund to reflect the diminished value of the goods. We also reserve the right to reduce the refund if an item is known to have been used or shows obvious signs of use for any period of time that the goods were in your possession.

12.10. If you have requested a repair, exchange or replacement (due to fault or otherwise), please return the goods to us by one of the methods outlined on our Returns and Refunds page. Replacement or repaired goods will be delivered to your original nominated address free of charge. Please allow 14 days for the request to be processed and the delivery to be made.

12.11. In the case of faulty or misrepresented goods, if you are not satisfied with the replacement goods, you have the right to final rejection and can return the goods (as outlined in clause 12.8 to 12.10) for a full refund. This will mark the end of the contract and any further obligations for the Company in relation to that contract.

12.12. In the case of returns of partial orders, the refund value will be apportioned to the cost of those goods being returned. Return postage remains applicable as set out in clause 12.8.

12.13. Once an order is cancelled, any ancillary contract (such as a warranty or credit agreement) is automatically cancelled.

13. Liability

13.1. Whilst we agree to use reasonable endeavours to ensure that the website is fully operational and accurate, we cannot guarantee this and therefore make no warranty that:
  1. the website will meet your requirements, or;
  2. will be uninterrupted, timely or free of error, or;
  3. that defects will be corrected or that the website (or server that makes it available) is free of viruses or bugs.
13.2. In the event of any cause beyond our reasonable control which renders the provision of and/or access to the website impossible or impractical we shall be released from our obligations under these terms and conditions of use, and are not responsible or liable for any failure to perform, or delay in performance of any of our obligations in such circumstances.

13.3. We will not be held responsible or liable for any loss of content or material uploaded or transmitted through the website.

13.4. We shall not be held liable (whether such liability arises in contract, tort (including negligence) or otherwise) for any economic loss (including without limitation loss of revenue, business, profits or contracts or anticipated savings or interest), loss of or damage to data, reputation or goodwill, or any special or consequential damages, loss, costs, claims or expenses of any kind arising through your use of the website or any products.

13.5. 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. This does not affect your statutory rights as a consumer, nor does it affect your Order Cancellation Rights.

13.6. Nothing in these terms and conditions shall exclude or limit our liability for death or personal injury resulting from our negligence, or that of our servants, agents or employees.

14. Indemnity


You agree to fully indemnify, defend and hold 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 reasonable legal fees) arising out of any breach of the conditions by you, or any other liabilities arising out of your use of this website, or the use by any other person accessing the website using your account or personal details.

15. Severance

If any part of the Terms and Conditions is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such provision will be deemed to be severable from the remaining provisions, which shall remain in full force and effect to the fullest extent permitted by law.

16. Waiver

16.1. If we fail (at any time, or during the term of the Contract) to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions of use, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

16.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.

16.3. No waiver by use of any of these terms and conditions of use shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

17. Transfer of Rights and Obligations

17.1. The contract between you and us is binding upon you and us, and upon our respective successors and assignees.

17.2. You may not transfer, assign, change or otherwise dispose of the contract (or any of your rights or obligations arising user it) without prior written consent.

17.3. However, we may transfer, assign, charge, sub-contract or otherwise dispose of the contract (or any of our rights or obligations arising under it) at any time during the term of the contract.

18. Entire Agreement

18.1. These terms and conditions and all documents expressly referred to within them represent the entire agreement between us in relation to the subject matter of the contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

18.2. You acknowledge that, in entering into the contract, you have not relied on any representation, undertaking or promise given by us, or implied from anything said or written in negotiations with us prior to the contract, except as expressly stated in these terms and conditions.

Contact Details

If you have any comments or queries about the website terms and conditions, or wish to make a complaint, please contact our E-commerce Team using one of the following methods:

By e-mail: sales@shopsatdartington.co.uk

By telephone: 01803 847520

By post:
Online Sales Team
The Shops at Dartington
Shinners Bridge
Dartington
Devon
TQ9 6TQ.

The terms and conditions shall be governed by and construed in accordance with the laws of England, and you irrevocably submit to the exclusive jurisdictions of the courts of England.