Terms

General

In these conditions references to “the Company” are to D2K UK Limited and
references to “the Purchaser” are to any person, firm or company with whom the
Company enters into any contract whether directly or indirectly. All quotations or
tenders given and all orders received and accepted are executed on the basis that the
Purchaser is bound by these conditions of sale. Where there is any inconsistency
between these conditions of sale and any conditions or other terms which the
Purchaser seeks to impose these conditions of sale shall prevail. These conditions
supersede any other terms appearing elsewhere and exclude and override any other
terms or representations stipulated or incorporated or referred to by the Company
whether in the order or in any negotiations or course of dealings established between
the Company and the Purchaser. No amendment or variation of these conditions will
apply unless confirmed in writing by a director of the Company.

“The Goods” means the goods or articles contained in the Purchaser’s contract as
accepted by and concluded with the Company (“the Purchaser’s contract”).

Prices

Unless otherwise agreed in writing, all orders are accepted by the Company subject to
the prices and any related discount applying at the date of the Purchaser’s contract and
contained within any price list of the Company whether published or not and shall not
affect the right of the Company to charge for Goods in accordance with this clause.
The Company reserves the right to alter its prices at any time.

Delivery Charges

The charges involved in the carriage of the Goods to the Purchaser are included
within the contract price stated in the Purchaser’s contract or otherwise referred to
upon the Company’s website or in these Terms and Conditions.

An extra charge will be payable for all deliveries outside the United Kingdom
mainland. The amount of such charges will be shown in the Purchaser’s contract and
will vary from time to time dependent upon the location address of the Purchaser.

Terms of Payment

Where the Purchaser has ordered the goods directly from the Company’s website,
the contract price shall be due in full (by way of credit, debit or charge card) on the
date upon which the Purchaser’s order is accepted by notification given by internet
by the Company to the Purchaser. Such acceptance shall be given in writing by
internet by the Company to the Purchaser within two working days of receipt of the
Purchaser’s order by the Company at which time the Purchaser’s contract shall come
into legal effect and the date of the giving of such acceptance shall be deemed to be
the date of it. The Company reserves the right not to despatch the Goods or any of
them until such time as the validity of such credit/debit/charge card transaction has

been confirmed by the appropriate financial service provider. Time for payment of the
contract price is of the essence.

Property

Title in the Goods shall remain the property of the Company until the Company
has received all payments which are owing to it by the Purchaser on any account
whatsoever. While the Goods remain the property of the Company the Purchaser
shall hold them as bailee on behalf of the Company and shall keep them safe, insured,
separate and identifiable from all other goods in his possession.

Loss or damage in transit

Any dates quoted for the despatch, repair or replacement of the Goods are to be
treated as estimates only and time shall not be of the essence. The Company shall not
be liable for any loss whatsoever arising as a result of any delay. Delivery shall occur
on the despatch of the Goods from the Company’s premises by carrier whether or
not the carrier is the Company’s agent or servant. Unless otherwise agreed in writing
the Company shall deliver the Goods to the address specified in the Purchaser’s
order. Risk in the Goods shall pass to the Purchaser on delivery or collection. Save
as expressly provided in these conditions, all terms, conditions, representations and
warranties (whether expressly or implied) relating to the sale of goods are excluded
and the goods are not sold by description or sample.

Warranty and exclusion

The Company shall not be liable for any claim or claims for any damages whether
direct, indirect special or consequential or economic damage of loss (including loss
of profit or goodwill) arising from any breach by its contract or any defect in the
Goods. Nothing in these conditions shall exclude liability of the Company for death or
personal injury resulting from its negligence insofar as the same prohibited by United
Kingdom statute.

Quality

The Company warrants that (without prejudice to the other provisions of these
conditions) the Goods shall upon delivery:

  • (a) be of satisfactory quality within the meaning of the Sale of Goods Act 1979;
  • (b) be reasonably fit for purpose.

The Company shall not be liable for a breach of any of the above warranties unless
the Purchaser gives notice by registered or recorded delivery post or its equivalent in
writing to the Company of the defect within five working days of the delivery of the
Goods to him.

The Company shall not be liable for a breach of any of the above warranties if:

  • (a) the Purchaser makes any further use of such Goods after giving such notice; or
  • (b) the Purchaser fails or failed to follow the Company’s written instructions as to
    the measurements and any other ancillary procedures necessary to enable the
    Goods to be manufactured in accordance with the Purchaser’s contract.

The Purchaser warrants that he has fully complied with all the Company’s written
instructions as to measurement and otherwise and that the particulars thereof are fully
and faithfully contained within the Purchaser’s contract.

If any of the Goods do not substantially conform with the details contained in the
Purchaser’s contract or any of the Company’s warranties stated or otherwise referred
to in these Terms and Conditions, and is not capable of alteration in the locality of
the Purchaser (most local dry cleaners will have an alterations tailor) the Purchaser
may give notice in writing (by way of recorded delivery or registered post or its
equivalent) within five working days from receipt of the Goods that the Purchaser
considers that the Goods are not to specification and outline the respects in which it is
not considered suitable. The Purchaser shall then, return the Goods or the part of such
Goods which are alleged to be defective to the Company in its original packaging.
The Company shall thereafter review the position and if appropriate refund the price
for the Goods in full. All postage / shipping costs outside of the UK are to be met by
the Purchaser.

The Company believes that, provided the measurements and procedures and fully
and correctly complied with by the Purchaser (to the purchasers given measurements)
the Goods and their fit will conform to specification. If however a minor alteration is
required the Purchaser will have the opportunity to take the suit to a local alterations
tailor (as mentioned above) in which event the Company will refund a sum up to £25
of the cost of alteration upon receipt of evidence of payment by the alterations tailor
and a detailed statement of the necessity for alteration and its cost.

All Goods shall be returned to: D2K UK Limited, 81 The Cut, London SE1 8LL

Late or non-delivery

The Company will endeavour to deliver the Goods within a specified period referred
to in the Purchaser’s contract. The Company shall within two working days from
the date of the Purchaser’s contract notify the Purchaser of the expected date of
completion. Thereafter the Company shall despatch an email to the Purchaser when
the Goods have been despatched from the Company’s premises to the Purchaser

We do our best to deliver standard order within 14 working days and express
order within 7 working days, however we do not guarantee as there might be
certain circumstances outside our control.

The Company will notify the Purchaser in case the Goods cannot be delivered
on time, but no refund can be claimed for a late delivery. If the Company is
running late with express order the Purchaser may claim a refund for express
service charge.

Descriptive matter

All descriptive and forwarding specifications, drawings and particulars of colours
and sizes issued by the Company are approximate only and are intended only to
present a general idea of the goods to which they refer and shall not form part of the
Purchaser’s contract.

Force majeure

If the performance of the Purchaser’s contract or any obligation under it is prevented
restricted or interfered with by reason of circumstances beyond the reasonable control
of the party obliged to perform it the party so affected (upon giving prompt written
notice to the other party) shall be excused from performance to the extent of the
prevention restriction or interference but the party so affected shall use his or its
reasonable endeavours to avoid or remove the cause of non-performance and shall
continue performance under these Terms and Conditions with the utmost despatch
whenever such causes are removed or substantially diminished.

Amending the Terms & Conditions of Use

The Company may add to, change or remove any part of these Terms and Conditions
at any time, without notice. Any changes to these Terms and Conditions or any terms
shown on its website or any sub site hereof, apply as soon as they are displayed.
By continuing to use the website after any changes are displayed, the Purchaser
acknowledges his acceptance of such changes. The Company may add, change,
discontinue, remove or suspend any other content displayed on its website, including
features and specifications of products and services described or depicted on the
website, temporarily or permanently, at any time, without notice and without liability.

Limiting Liability of Use of Website

To the fullest extent permitted by applicable laws, neither the Company nor any of
its respective directors, employees, affiliates or other representatives will be liable
for loss or damages arising out of or in connection with the use of, or inability to
use, the materials in and/or facilities or services offered through the Company’s
website, including, but not limited to, indirect or consequential loss or damages, loss
of data, income, profit or opportunity, loss of or damage to property and claims of
third parties, even if the Company have been advised of the possibility of such loss
or damages or such loss or damages were reasonably foreseeable. If this clause is
unenforceable in whole or in part in any jurisdiction due to relevant laws, then in no
event shall the Company’s total liability to you for all damages, losses, and claims
(whether in contract, tort (including, but not limited to, negligence), or otherwise)
exceed the amount paid as consideration within the Purchaser’s contract.

Disclaimer

The material on the Company’s Website is provided “as is”, without any conditions,
warranties or other terms of any kind. Accordingly, to the maximum extent permitted
by law, the Company provides the Purchaser with access to the website on the basis
that the Company excludes all representations, warranties, conditions and other terms
(including, without limitation, the conditions implied by law of satisfactory quality,
fitness for purpose and the use of reasonable care and skill) which but for this legal
notice might have effect in relation to the Website.

Use of Site

The Purchaser agrees that he will only use the Company’s website in a manner which
is consistent with these terms and conditions and which complies with applicable laws
and regulations. In particular the Purchaser agrees that he will not use the web site
to upload or send any material which contains software viruses or other codes, files
or programs designed to interrupt, destroy or limit the functionality of any computer
software, hardware or telecommunications equipment or in any other manner which
would interfere with or disrupt the website. The Purchaser acknowledges that the
Company’s website and any Goods obtained therefrom are provided for the personal
use of the Purchaser only and will not be used for any commercial purposes or
distributed commercially without the prior written consent of the Company.

Copyright

All content included on this site including but not limited to website design,
text, graphics, audio clips, visual clips, logos, button icons and the selection and
arrangement thereof are either the property of the Company or its contents suppliers
and are protected by UK and international copyright laws. All software used on
this site is the property of the Company and is protected by UK and international
copyright laws.

Permission is granted to electronically copy and to print in hard copy portions of
the Company’s website for the purposes of placing an order with the Company and
using the website as a shopping resource only. The Purchaser further agrees that any
other use of materials on the Company’s website including reproduction for purposes
other than those mentioned above, the modification, distribution, transmission,
broadcasting, republication, downloading or uploading without the prior written
permission of the Company is strictly prohibited.

ALL RIGHTS ARE RESERVED.

Trademarks

All brand names, product and service names and titles and copyrights used in the
Company’s website are trademarks, trade names, service marks or copyrights of
their respective holders. No permission is given by the Company for their use by any
person other than the said holders and such use may constitute an infringement of the
holders’ rights.

Links

The Company may choose to provide links to sites owned by the Company and
associated companies from time to time and may also choose to provide links to
sites that are owned by third parties that are not connected with the Company. All
links are provided for the convenience of the Purchaser only. Access to sites that are
owned by third parties is at the entire risk of the Company and the Company has no
responsibility or liability for them.

Governing law

Any contract between the Company and the Purchaser whether for use of the website
or in relation to the purchase of products goods or services through the website will be
governed by the laws of England and Wales and the parties hereby submit to the non-
exclusive jurisdiction of the English Courts.