TERMS OF SERVICE
It is important you read the following terms and conditions carefully as use of and/or buying from the daviddomoney.com site (Site) means that you will be bound by them. In certain instances, these terms incorporate statements to be found in the Security & Privacy, Payment, Returns and Refunds and Delivery sections of our site.
This website is operated by Domoney Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Domoney Ltd. Domoney Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service 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 constitutes acceptance of those changes.
Our store is hosted on daviddomoney.com. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy at http://www.daviddomoney.com/shop/returns/
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy at http://www.daviddomoney.com/shop/returns/
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Domoney Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
This Site should only be used for information purposes. Daviddomoney.com shall not be liable for any damage or loss that may occur in the use of any of the information contained or advice given in this site except as stated in the terms and conditions of sale (where applicable) and to the extent that such liability cannot be excluded by law. Daviddomoney.com is not responsible for the Site’s accuracy or its fitness for a particular purpose or the reliability of the access to this Site.
Daviddomoney.com is not liable for any damages or losses resulting from your use of or inability to use this Site. Daviddomoney.com does not guarantee that this Site will operate free of error or that it is free from computer viruses or any other contaminating computer program.
We will not be liable to you or in breach of the Contract for delay or failure to perform due to any causes beyond the reasonable control of daviddomoney.com or its suppliers, including, but not limited to, acts of god, civil commotion, industrial dispute, riots, flood, and legislation.
This Site also contains links to other sites through content or advertisements which are not under the control of and are not maintained by daviddomoney.com. These links are provided for your convenience only and daviddomoney.com is not responsible for the content or availability of those sites.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Domoney Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Domoney Ltd, The Old Mill, Mill Lane, Kineton, WARKS, CV35 0LA, United Kingdom.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – DATA PROTECTION AND PRIVACY
SECTION 21 – PRICING
All prices quoted are in British pounds (£) and include Value Added Tax (VAT). If the price goes up or down in between you placing and receiving your order, we will honour the original price.
SECTION 22 – ORDERING AND STOCK AVAILABILITY
We aim to display only items that are in stock and which can be dispatched to you quickly. From time to time we may sell out of some lines, in which case we will aim to advise you within the 10-14 day delivery period. If this does occur, you will be given the opportunity to order an alternative or receive a full refund for the full price you paid.
Your order confirmation is this email is only an acknowledgement of your order and not an acceptance amounting to a contract. The contract commences upon despatch of the goods.
Daviddomoney.com makes no representation as to the goods, items, products or services referred to in, or sold from, this Site as being available or suitable for use.
Products sold on daviddomomey.com are for use in a domestic setting not for commercial use.
SECTION 23 – CANCELLATION
If you change your mind about anything you order, you can cancel that order free of charge so long as you do so within 7 working days of receipt of goods. We will cancel any such order without charging you, with the exception that we reserve the right to make a charge for the return of the goods when necessary. In the event of cancellation we guarantee to refund your money within 30 days.
An administration fee of up to £75 may apply to process the return.
SECTION 24 – WARRANTIES
We aim to deliver goods of the highest quality to our customers. Where the Goods are products we warrant that they will meet their specification. For warranty and Care Statement see our link at http://www.daviddomoney.com/wp-content/uploads/2017/04/HARTMAN-GUARANTEE-CARE-LEAFLET-Hartman-2018.pdf . Accordingly, we warrant that where the Goods are products and not already covered by a manufacturer’s guarantee, they will meet their specification and will be free from defects in materials and workmanship at the time of delivery.
SECTION 25 – CHANGES TO THE TERMS
Daviddomoney.com reserves the right to remove, modify or change, without notice, any information on this Site from time to time. Daviddomomey.com may change these terms at any time by posting notice of the changes on the Site. If you use the Site after Daviddomoney.com has posted the changes you will be bound by the new terms. You should therefore ensure that you read the terms each time you use the Site.
SECTION 26 – GENERAL
E-mails to you will be sent to the address you specify to us. You must only provide us with a valid e-mail address and it is your responsibility to inform us of any changes to that address.
To the extent that any provision of these terms is found by any court or authority to be invalid, unlawful or unenforceable, that provision will be deemed not to be a part of these terms and will not affect the enforceability of the remainder of these terms, nor will it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.
The headings in these terms are for convenience only and do not affect their interpretation.
These terms supercede any representation made by us or any of our employees or agents.
SECTION 27 – STATUTORY RIGHTS
The consumer’s contract with Daviddomoney.com does not effect the consumer’s statutory rights.
SECTION 28 – GOVERNING LAW AND JURISDICTION
These terms and your use of this Site are governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the Courts of England and Wales.
SECTION 29 – PRODUCTS
Please note that the vast majority of the products on Daviddomoney.com are flatpacked, so some assembly will be required
SECTION 30 – RISK AND OWNERSHIP
Risk of damage to or loss of the Goods passes to you at the time of delivery to you or, if you fail to take delivery at the agreed time, the time when we tried to deliver.
You will only own the Goods once they have been successfully delivered and when we have received cleared payment in full. Goods supplied are not for resale.
SECTION 31 – MATTERS OUT OF OUR CONTROL
We will not be liable to you or in breach of the Contract for delay or failure to perform due to a cause beyond our reasonable control.
SECTION 32 – COPYRIGHT
All of the written, photographic, design and audio content of the Web Site together with the selection and arrangement of it and all software compilations are our copyrighted property or that of the people who have granted to us the right to use it and is protected as such. All rights reserved.
None of this material may be used without our written permission. You may download or print a single copy for your own non-commercial off-line viewing.
All names, logos, slogans, or other phrases may be a trade mark of ours or another person or corporation. Any unauthorised use of a trade mark is unlawful.
SECTION 33 – PROMOTIONS
Unless otherwise stated, discount codes (including those offered/displayed by third parties) cannot be used for purchases of gift vouchers and machinery (which includes some heavy garden products) and do not apply to postage charges.
SECTION 34 – SECOND QUALITY GOODS
From time to time we have goods for sale marked as Second Quality, or seconds. This means, in all cases, that while the product might well be generally sound, fit for purpose, and useable, it might also contain structural or cosmetic variations that would prevent us from honestly selling the goods as First Quality. The goods are therefore sold as damaged goods, and are sold on a ‘Buyer Beware’ basis. You should be aware these goods may be defective, or unsuitable for purpose, and are sold as such.
SECTION 35 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.