Consumer Terms and Conditions Please read these terms and conditions carefully before placing your order and retain a copy of these terms and conditions and your order for future reference
Definitions In these terms and conditions:
we, us and our refer to Dabs.com plc (registered in England and Wales under company number 02621728) and with its registered address at Alpha & Beta House Enterprise Park, Horwich, Bolton, Lancashire, BL6 6PE
you and your refer to the purchaser of any goods from us
contract means the contract between you and us for the sale by us to you of goods
goods means any goods or services you order from us
order means an order placed by you with us for the purchase of goods by clicking "place order" on the checkout page
consumer means any natural person who, when placing an order with us, is acting for purposes which are outside his or her trade, business or profession
checkout page means the page on our website entitled "checkout" which gives details of the goods, delivery address and options, payment method and a "place order" icon
website means our website at www.dabs.com
Business Sales If you order goods other than as a consumer (eg because you are a business) then:
Terms of the contract If you place an order for goods as a consumer, these terms and conditions apply to your order and to the contract between you and us. The goods provided to you under this contract must be mainly used for personal non-business purposes.
Changing the price, terms and conditions We may sometimes need to change the price, or other terms and conditions of this contract. We may change the price, or other charges (including introducing a new charge or price) or the terms and conditions for any of the following reasons:
We introduce new products, or services which we wish to make a charge for;
We wish to change the way we structure our goods and the price we charge for those;
The cost to us of providing your goods increases (for example, the businesses we buy services or products from increase their prices so that it costs us more to buy them);
We add to, or change the way we provide goods to you;
The cost to us of running our business increases;
We reorganise the way in which we structure, or run our business which results in additional costs to us;
To reflect changes or developments in technology (for example new ways to pay for goods may be introduced);
As a consequence of any change in the law, regulation or regulatory guidance applicable to us (for example, if there is a VAT increase);
To make the terms and conditions clearer or easier to understand;
To change the terms and conditions in a way that does not cause you any material disadvantage.
To make modifications to any digital content, which, after modification, shall continue to be fit for purpose, of satisfactory quality and as described.
Any changes will apply to any orders that you place after the time that we update the terms and conditions on our website. The changes will not apply to any order that you place before we make the changes on our website. We have taken care to ensure that our website (including the help pages) and these terms and conditions do not contradict each other. However if there are any inconsistencies or contradictions then these terms and conditions shall apply instead of any contradictory or inconsistent part of our website.
When the contract is created No contract exists between you and us until we notify you that we have accepted your order and delivered the goods. We are not obliged to accept your order. We may cancel your order if we cannot supply the goods for any reason.
Description and price of the goods We make every effort to ensure that prices and descriptions of goods shown on our website are accurate at the time you place your order. The price of the goods will be as shown on the checkout page of our website when you placed your order. We will charge you this amount. You must also pay a delivery charge for the goods as indicated on our website at the checkout page. In the unlikely event that the price shown on the checkout page is wrong, we are not required to sell the goods to you at the price shown. We always try and ensure that the prices of goods shown on our website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the goods, then you will receive a full refund. We may occasionally have to increase the price of goods, even after your order has been accepted by us. If we have to do this, then you may cancel your order. We will contact you and give you the option of amending your order or cancelling it.
Delivery We will deliver the goods that you order to the delivery address you give when you place your order. Once we accept your order, we will endeavour to deliver the goods within the delivery period that applies to the option you have chosen. If we do not come to the delivery address within the applicable delivery period and you have given us the correct full delivery address then you may apply for a refund of the delivery charge. If there is no one available to accept the delivery when our courier arrives, they will either attempt the delivery to a neighbour or the courier will keep the goods for up to two days and you can arrange for a new delivery date. After two days we may treat the order as cancelled by you. In this case we will refund the price of the goods, but we shall be entitled to keep the amount you paid for delivery. If you give us an incorrect or incomplete delivery address and as a result we try but are not able to make the delivery, we may treat the order as cancelled by you. In this case we will refund the price of the goods, but we shall be entitled to keep the amount you paid for delivery. If some of the goods you ordered are not available we may deliver part of your order. We will deliver the rest of the order as soon as possible afterwards.
Your rights of cancellation You have a general right to change your mind and cancel the contract by notifying us within the first 14 days. If we provide you with goods you will have 14 days from the day after you receive the equipment. If we supply you with services or digital content you will have 14 days to change your mind from the day after the day we accept your order. You may not cancel your contract with us where any audio and/or video recordings, computer software or other digital content has been unsealed by you. If you cancel after we start to provide a service or digital content you must pay the charge for the reasonable charges for any time that the digital content was available to you. You will not have the right to change your mind once you have started to download digital content or if a service has been completed. If you cancel the contract, you must:
take reasonable care of the goods from the time you receive them until you return them to us.
return the goods to us at your own expense.
return the goods as required, we may charge you our direct costs of recovering the goods.
Where you have ordered services, you expressly consent to the services being supplied within the cancellation period of 14 calendar days, from the date your contract started. We strongly recommend that you do this by using our on-line returns tool found on our website.
Returning faulty goods In these terms and conditions, faulty goods means any goods we supply to you that do not conform to the contract. Faulty goods does not include any goods that are faulty due to fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than in accordance with their intended use, failure to follow the manufacturer's or our instructions, or any alteration or repair carried out without the prior approval of us or the manufacturer. You should notify us as soon as possible if you discover that any goods are faulty goods. Our website gives details of how to notify us of any faulty goods and how to arrange for the problem to be resolved. We strongly recommend that you use our on-line returns tool (see our website for details). If you return goods because you think they are faulty goods, we may charge you the cost of all transport and our actual costs and expenses in the event that the goods are not in fact faulty goods.
We will supply equipment that is fit for purpose, of satisfactory quality and (where applicable) as described. If you reasonably consider that we have failed to do this and you tell us you may be entitled to certain legal rights. During the expected life of the equipment these legal rights will include:
The right to a refund if the equipment is faulty and you tell us within the first 30 days;
The right to a repair or replacement (or full refund if a repair or replacement is not possible) if the equipment is faulty and you tell us within the first six months;
After the first six months You may be entitled to a repair or replacement of faulty equipment or, if a repair or replacement is not possible or doesn't work, a partial refund, subject to the how long the goods are reasonably expected to last.
If you exercise these legal rights you must return the faulty equipment to us. We will provide you with the required packaging to do this and we will pay the costs of postage. Where we agree to replace faulty equipment, we may replace such equipment before you return it to us, but you must still return the item. We may test any item reported as faulty by you, and if it is found to be working, we may choose to either return or replace it (if we have not already replaced the item) and charge you our reasonable costs for testing and postage of the item.
Returning goods – general When you return goods to us for any reason (for example because you have cancelled the contract because you think they are faulty ):
you must ensure that they are properly and securely packaged and labelled with our address;
you are always responsible for any damage in transit that is due to incorrect or inadequate packaging by you; and
you are responsible for any damage or loss in transit where you arrange the transport (rather than using our courier)
Force majeure We shall not be liable and do not accept responsibility for any failure to perform, or delay in performing, any of our obligations under the contract if and to the extent that the failure or delay is caused by circumstances beyond our reasonable control.
Limitation of liability We shall not be liable to you for any loss or damage:
where there is no breach of a legal duty owed to you by us or by our employees or agents;
where such loss or damage is not reasonably foreseeable to us when we accept your order; or
to the extent that any increase in loss or damage results from breach by you of any term of the contract.
to the extent that any increase in loss or damage results from breach by you of any term of the contract
Our maximum liability to you under the contract shall be twice the value of the goods that you ordered.
Nothing in these terms and conditions excludes or limits our liability for death or personal injury caused by our negligence or fraudulent misrepresentation or for any other liability that we are not permitted by law to exclude or (as the case may be) limit.
Unfortunately, we cannot guarantee that the goods we provide will never be faulty.
These terms and conditions do not affect your statutory rights relating to goods which are faulty or incorrectly described.
Images Images of goods on our website are for illustrative purposes only and may differ slightly from the actual goods.
Law These terms and conditions and the contract are subject to English law.