Our terms and conditions set out the basis on which we supply products to you.
You should read these terms carefully before you submit your order to us. Our terms tell you who we are, how we will provide products to you, how you and we may change or end the Contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1. Who We Are
1.1 We are PS & HA Clarke, a partnership registered in England and Wales.
1.2. Our office address is at 8 Blake Road, Cirencester, Gloucestershire, GL7 2EG
1.3 Our registered VAT number is GB218537989
1.4 You can contact us by writing to us at 8 Blake Road, Cirencester, Glos, GL7 2EG – or by email using the contact form here.
2.1 For the purpose of clarity:
- “Contract” means the contract between us and you for the sale and purchase of the Products in accordance with these Terms;
- “Product” means a product set out in the Order;
- “Order” means your order of the Products submitted by you online via the Website;
- “Terms” means these terms and Terms as amended from time to time in accordance with clause 9.1;
- “We/our/us”means PS & HA Clarke;
- “Website”means the website located at dfsmarketplace.co.uk or any subsequent URL which may replace it;
- “You/your” means the person who purchases Products from us using the Website.
- A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
- Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
- This agreement shall be binding on, and enure to the benefit of, the parties to this agreement and their respective personal representatives, successors and permitted assigns, and references to any party shall include that party’s personal representatives, successors and permitted assigns.
- A reference to ‘writing’or ‘written’ includes email.
- Any words following the terms ‘including’, ‘include’, ‘in particular’, ‘for example’or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
3. The Contract
3.1 The Order you place constitutes an offer to purchase the Products in accordance with these Terms. You are responsible for ensuring that the terms of the Order are correct. Please read and check your Order before placing. You may only purchase Products from us if you meet any legal age requirement necessary for the acquisition of the Products.
3.2 Your Order will only be deemed accepted by us when you have paid for the Products, monies received by us and the Products have been dispatched. Any email, order confirmation or other electronic acknowledgement by us of receipt of an Order does not constitute legal acceptance by us of your Order. We will confirm our acceptance to you by sending you an email confirming that the Products have been dispatched. The Contract between us is formed when we send you an email confirming that the Products have been dispatched.
3.3 If we are unable to accept your Order, we will inform of you this and will not charge you for the Product. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the Product or because we are unable to meet a delivery deadline you have specified.
3.4 We will assign an order number to your Order and tell you what it is when we accept your Order. It will help us if you can tell us the Order number whenever you contact us about your Order.
4. Product Descriptions and Images
4.1 We try to ensure the images of the products on our Website are accurate, but they are for illustrative purposes only. Your Product may vary slightly from those images.
4.2 Product packaging may vary from that shown on images on our Website.
4.3 We reserve the right to amend product descriptions without notice when required.
4.4 Any weights and sizes are given as a guide only and are approximate.
4.5 Our product listing are an ‘offer to treat’ and no contract exists until we accept your order. In the event of errors regarding price or description, we reserve the right to correct that price or description and notify you accordingly. In these circumstances, it will be deemed that a contract has not been entered into and you will not be bound to continue with your purchase. We will cancel your Order and you will be refunded in full. The repayment of any monies paid to us will be the extent of our liability to you..
4.6 Products which are on special offer or promotion are only available in limited qualities, sizes and colours. When stock of a product on special offer or promotion runs out, we will no longer be able to supply that item at the special offer or promotion price.
4.7 Unless a specific charge for delivery is stated on the order, all product are supplied ‘carriage inclusive’; this includes items supplied ‘carriage free’ or ‘postage free’. In such cases the carriage element of within price will be considered to be £7.50 per item.
5. Your Order
5.1 The price of the Product is the price quoted on your order confirmation at the time you submit your Order.
5.2 The price of the Product is inclusive of VAT (where applicable) at the current rate chargeable in the UK. If the rate of VAT changes between your Order date and the date of payment in full , we will adjust the rate of VAT accordingly.
5.3 We accepts payment by most major credit cards and debit cards or by PayPal. We also accept payment by bank transfer. When payment is made by bank transfer, you should quote your order number as reference.
5.4 If you pay by debit card, credit card or paypal, payment will be debited from your account at the time of order. Your order will not be dispatched until payment is received in our account.
5.5 We are not liable for any bank charges that may be incurred by you if insufficient funds are available at the time when payment is taken.
5.6 Credit and debit card payments are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
5.7 To prevent fraudulent use of credit and debit cards, we instruct a third party to validate the names, addresses and other information supplied during the order process against commercially available records. By ordering from the Website you consent to such checks being made. We may need to contact you by letter, telephone or email to verify details before we are able to process and dispatch your Order or we may be unable to accept your Order. Any information given may be disclosed to a registered Credit Reference Agency which may keep a record of the information. All information provided will be treated in accordance with the Data Protection Act 1998.
6. Duty Payments and Customs
6.1 Products delivered to destinations outside the EU may be subject to taxes, fees, levies or other charges, which are imposed by local legislation, once the products reach their specified destination. The recipient of the products is responsible for all applicable tax and duty regulations of the country in which the products are to be delivered. . The recipient of the goods, which may not be the person who’s ordered them, will receive a separate request from the shipping provider for payment of these charges.
6.2 If you’re ordering products to be delivered to someone else, please make sure they’re aware that they will be responsible for these additional charges. Unfortunately, we have no control over these charges and cannot predict what they may be, so we’re unable to offer any assistance on these processes. We’d advise that you check the applicable tax and duty regulations in any country before ordering products to be delivered there.
7. Payment and VAT
7.1 Payment for products and delivery services can be made in GBP, US Dollars, Australian Dollars or Euros, as applicable. All prices shown on the website for both products and delivery services are inclusive of any applicable VAT. The total price you pay us for products is fixed, regardless of whether or not VAT at the prevailing rate (rates vary from country to country) is chargeable on the sale.
7.2 Where you’ve ordered products for delivery to a non-EU address, both the products and the delivery service will normally be zero-rated, and not subject to VAT. However, the price paid by you for the products and delivery services will remain the same as shown on the website at the point of order.
7.3 Because of this, our website may not be the best way for you to buy products if you’re either a non-UK resident or wish to claim back VAT on orders for delivery outside the EU, or you’re an EU business customer expecting to buy goods and delivery services without VAT on them.
7.4 Where you are an EU business customer please contact us at email@example.com and we will be happy to discuss your requirements.
7.5 VAT refers value added tax, goods and services tax or equivalent.
8.1 The delivery options available for each product and their charge are provided on the product detail page. When you add products to your shopping basket and have chosen the delivery option the appropriate charge will be added automatically. All delivery charges will be shown clearly throughout the checkout process. For more information about delivery options, their charges and lead times please click here.For information on international delivery, please click here.
8.2 If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will not be liable for any delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
8.3 If no one is available at your address to take delivery and the Products cannot be posted through the letterbox, we will either attempt to deliver to a neighbour or we will leave you a note informing you of how to rearrange delivery or collect the Products from your local Post Office or delivery depot.
8.4 If you do not collect the Products from one of our stores as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a local Post Office or your delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the Contract.
8.5 You have legal rights if we deliver any Products late. If we miss the delivery deadline for any Products then you may treat the Contract as at an end straight away if any of the following apply:
- we have refused to deliver the Products;
- delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
- you told us before we accepted your Order that delivery within the delivery deadline was essential.
8.6 If you do not wish to treat the Contract as at an end straight away, or you do not have the right to do so under clause 5.5, you can give us a new deadline for delivery, which must be reasonable, and you can treat the Contract as at an end if we do not meet the new deadline.
8.7 If you do choose to treat the Contract as at an end for late delivery under clause 8.5 or clause 8.6, you can cancel your order for any of the Products or reject Products that have been delivered. If you wish, you can reject or cancel the Order for some of those Products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled Products and their delivery. If the Products have been delivered to you, you must either return them in person to one of our stores (except Hathersage), post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please see our Returns Procedure by clicking here.
8.8 The Product will be your responsibility from the time we deliver the Product to the address you gave us or you collect it from us.
8.9 You own the Product once we have received payment in full.
8.10 Products delivered to some destinations, mainly outside the European Union, may be subject to taxes, fees, levies or other charges, which are imposed by local legislation. The recipient of the Products is responsible for all custom formalities for their import, and will be required to pay any additional charges, including import duty, formal customs entry, taxes, levies and other charges. The recipient of the Products, not the person who made the Order, will receive a separate request payment for these charges from our delivery agent.
8.11 Unfortunately we have no control over these charges and cannot predict what they may be, so we are unable to offer any assistance on them. We advise that you check the import charges applicable in any country before ordering products to be delivered there.
9. Refunds and Returns
9.1 You have a legal right to cancel a Contract under the Consumer Contracts Regulations 2013 within 14 days of receipt of the Products. This means that during the relevant period if you change your mind or decide for whatever reason that you do not want to receive or keep the Products, you can notify us of your decision to cancel the Contract and receive a refund. Alternatively, you are entitled to request an exchange within the same period of time and the provisions below also apply to exchanges.
9.2 However, you do not have a right to cancellation in respect of the following Products which can only be returned if they are faulty or not as described:
- personalised and made-to-order products;
- perishable products such as food; and
- products, such as gas cylinders and cartridges, safety headwear, swimwear and underwear, sealed for health or hygiene purposes, once these have been unsealed after you receive them.
9.3 Your legal right to cancel a Contract starts from the date that we send you an email confirming acceptance of your order, which is when the Contract between us is formed, and ends 14 days after the day you receive the Products.
9.4 To cancel a Contract with us, you need to let us know that you have decided to cancel within 14 days. Please let us know by doing one of the following:
- Email: email us at firstname.lastname@example.org
- Online: complete the online form on our Returns page
- By post: send a letter to Designed for Success (Distribution) Ltd, 8 Blake Road, Cirencester, Glos, GL7 2EG
9.5 If you use the online form we will email you to confirm we have received your cancellation. If you are emailing us or writing to us please include your name, home address, details of your order, your phone number and email address. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or email us before midnight on that day.
9.6 If you cancel your Contract with us, we will:
- refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in value (which may be as much as the Contract price), if this has been caused by you using them or handling them in a way which would not be permitted in a shop. If we refund you the price before we are able to inspect the Products and later discover you have used them or handled them in an unacceptable way, you must pay us an appropriate amount (which may be as much as the Contract price);
- only refund any delivery costs you have paid if the item is damaged on delivery or faulty. As permitted by law, the maximum refund will be the costs of delivery by our basic delivery charge; not refund of express delivery charges will be made.
- deduct the cost of delivery as stated in para 4.7 from any refund for returned items not faulty or damaged on delivery, .
- make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
- if you have received the Products and we have not offered to collect them from you, your refund will be made with 14 days from the day on which we receive the Products back from you. For information on our Returns Procedure, please click here;
- if you have not received the Products or you have received them and we have offered to collect them from you, your refund will be made within 14 days of your telling us you have changed your mind.
9.7 If you have returned the Products to us under this clause because they are faulty or mis-described, we will refund the price of the Products in full, together with any delivery charge and the costs of postage or collection in returning them to us.
9.8 We will refund you by the method you used to pay for the Products.
9.9 If Products have been delivered to you before you decide to cancel your Contract:
- you must return them to us without due delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can either send them back (and we recommend using a trackable service and obtaining proof of postage), or if the Products need collecting because they are too large or heavy for posting, by emailing us at email@example.com
- For our Returns Procedure, please click here. You must take care to ensure that the Products are not damaged in transit; this includes making sure that they are securely packaged. We cannot be responsible for lost or damaged returns;
- unless the Products are faulty or not as described, you will be responsible for the cost of returning them to us.
9.10 Due to the speed of our ordering process we may not be able to cancel your Order before dispatch. If you exercise your right to cancel prior to receiving the Products, we will attempt to stop the Products from being delivered to you. However, it this is not possible and the Products are delivered, you mayreturn them in line with your rights set out above.
9.11 We are under a legal duty to supply products that are in conformity with these Terms. This means that the products must be as described, fit for purpose and of satisfactory quality. If you purchase a product online which is found to be faulty within 30 days of receipt then your legal rights entitle you to request a full refund of the faulty Product. Should a fault occur after the initial 30 days you must follow the manufacturers warranty procedure provided with your item.
9.12 If you wish to exercise your legal rights to reject Products because they are faulty or mis-described you must post them back to us or (if they are not suitable for posting because they are too heavy or too large) allow us to collect them from you. For details of our Returns Procedure, please click here. If you no longer have the delivery note or receipt for the Products, please email us at firstname.lastname@example.org
9.13 For faulty Products, we will examine them or we may have to return them to the manufacturer for examination. Where applicable a refund will be provided to you within 14 days of the day that we agree that you are entitled to a refund.
9.14 It is not always possible to exchange Products which were originally purchased as a special offer or on promotion for the same price as the original special offer or promotion price. Special offers and promotions are separate stock items to our items. Some items will have been selected as special offer or promotion Products due to their size or colour. Consequently, Products at the special offer price may only be available in a limited choice of size or colour. Also, by the time you wish to exchange the Product, the special offer or promotion item may have sold out and the special offer or promotion price may no longer be available.
10. Our Rsponsibilities
10.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen.
10.2 We only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity.
10.3 We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title, quiet possession and free from encumbrances);
- any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
- damage cause by defective products under the Consumer Protection Act 1987
11. Your Personal Information
11.1 We will use the personal information you provide to us:
- to supply the Products to you;
- to process your payment for the Products;
- if you agreed to this during the Order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.
11.2 Where we extend credit to you for the Products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
11.3 We will only give your personal information to other third parties where the law either requires or allows us to do so.
12. Miscellaneous Terms
12.1 We amend these Terms from time to time. Each time you order Products from us, the Terms in force at the time of your Order apply to the Contract between you and us.
12.2 We may transfer our rights and obligations under these terms to another organisation, but this will not affect your rights or our obligations under these Terms.
12.3 You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
12.4 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.5 Each of the clauses of these Terms operates separately. If any court or relevant authority decide any of them are unlawful, the remaining clauses will remain in full force and effect.
12.6 If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
12.7 These Terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts.
12.8 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your Order.