Terms of service

Terms and Conditions

Contents

1            Introduction

2            Information we give you

3            Your privacy and personal information

4            Ordering goods from us

5            Right to cancel

6            Effects of cancellation

7            Delivery

8            Payment

9            Nature of the goods

10          Faulty goods

11          End of the contract

12          Limitation on our liability

13          Third party rights

14          Disputes

Please read the following important terms and conditions before you buy anything on our website and check that they contain everything you want and nothing that you are not willing to agree to.

Summary of some of your key rights:

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods, in most cases, you can change your mind and get a full refund.

The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product you’re entitled to the following:

• up to 30 days: if your goods are faulty, you can get a refund;
  
• up to six months: if it can’t be repaired or replaced, then you’re entitled to a full refund in most cases;
  
• up to six years: if the goods do not last a reasonable length of time, you may be entitled to some money back.
  

This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 03454 04 05 06.

The information in this summary box summarises some of your key rights. It is not intended to replace the contract below, which you should read carefully.
This contract sets out:

•               your legal rights and responsibilities;

•               our legal rights and responsibilities; and

•               certain key information required by law.

In this contract:

•               ‘we’, ‘us’ or ‘our’ means Michael Sproates t/as Dark Turtle Clothing; and

•               ‘you’ or ‘your’ means the person using our site to buy goods from us.

If you have any questions about this contract or any orders you have placed, please contact us by:

•               sending an email to darkturtleclothing@gmail.com; or

•               filling out and submitting the online contact form available here [insert link to online contact form];

Who are we?

We are Michael Sproates t/as Dark Turtle Clothing of 72 Drummond Terrace, North Shields, NE30 2AF

The details of this contract will not be filed by us. Please print out or save a copy of this contract for your records as we will not save a copy for you. 

1              Introduction

1.1          If you buy goods on our site you agree to be legally bound by this contract.

1.2          These terms and conditions apply only if you are buying goods on our site as a consumer (ie for purposes outside of your business, craft or profession).

1.3          This contract is only available in English. No other languages will apply to this contract.

1.4          When buying any goods on our site you also agree to be legally bound by:

1.4.1      our website terms and conditions and any documents referred to in them,

1.4.2      extra terms which may add to, or replace some of, this contract.

1.4.3      specific terms which apply to certain goods. If you want to see these specific terms, please visit the relevant webpage for the goods or click on the key info button at any time during the online checkout process.

All of the above documents form part of this contract as though set out in full here.

2              Information we give you

2.1          By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made.

2.2          The key information we give you by law forms part of this contract (as though it is set out in full here).

2.3          If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.

3              Your privacy and personal information

3.1          Our Privacy Policy is available at Privacy Policy – DARK TURTLE CLOTHING | SURF SKI SKATE (thedarkturtle.com).

3.2          Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

4              Ordering goods from us

4.1          Below, we set out how a legally binding contract between you and us is made.

4.2          You place an order on the site by filling out your billing details, payment details and then clicking on the ‘Place Order’ button. Please read and check your order carefully before submitting it. You will be able to correct any errors before submitting your order to us.

4.3          When you place your order at the end of the online checkout process (eg when you click on the ‘Place Order’ button, we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted by us.

4.4          We may contact you to say that we do not accept your order. This is typically for the following reasons:

4.4.1      the goods are unavailable;

4.4.2      we cannot authorise your payment;

4.4.3      you are not allowed to buy the goods from us;

4.4.4      we are not allowed to sell the goods to you;

4.4.5      you have ordered too many goods; or

4.4.6      there has been a mistake on the pricing or description of the goods.

4.5          We will only accept your order when we email you to confirm this (Confirmation Email). At this point:

4.5.1      a legally binding contract will be in place between you and us; and

4.5.2      we will dispatch the goods to you.

4.6          If you are under the age of 18 you may buy goods from the site.

5              Right to cancel

5.1          You have the right to cancel this contract within 14 days without giving any reason.

5.2          The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

5.3          To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (eg a letter sent by post or email) using the contact details at the top of this page. You may use the model cancellation form available here, but it is not obligatory.

5.4          To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

6              Effects of cancellation

6.1          If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

6.2          We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.

6.3          We will make the reimbursement without undue delay, and not later than:

6.3.1      14 days after the day we received back from you any goods supplied; or

6.3.2      (if earlier) 14 days after the day you provide evidence that you have returned the goods; or

6.3.3      if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

6.4          We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

6.5          We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

6.6          If you have received goods:

6.6.1      you shall send back the goods without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired;

6.6.2      you will have to bear the direct cost of returning the goods. The cost is estimated at a maximum of approximately £5.00, we will take no responsibility for returned items which are lost, we strongly recommend you use a tracked service; and

6.6.3      you are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

7              Delivery

7.1          We use Royal Mail Tracked 24 or Tracked 48 to deliver our goods. For information on delivery options and costs as well as returns please visit our Delivery Page.

7.2          The estimated date for delivery of the goods is set out in the FAQs or in the Confirmation Email (see clause 4.5).

7.3          If something happens which is outside of our control and affects the estimated date of delivery, we will provide you with a revised estimated date for delivery.

7.4          Delivery will take place at the address specified by you when you placed your order with us.

7.5          Unless you and we agree otherwise, if we cannot deliver your goods within 30 days of the date of your Confirmation Email, we will:

7.5.1      let you know;

7.5.2      cancel your order; and

7.5.3      give you a refund.

7.6          If nobody is available to take delivery, please contact us using the contact details at the top of this page.

7.7          You are responsible for the goods once they have been delivered to the address specified by you when you placed your order with us. In other words, the risk in the goods passes to you when you take, or a third party notified by you takes, possession of the goods.

7.8          EUROPE & USA DELIVERY -INTERNATIONAL DELIVERY TO BE CHARGED IN ACCORDANCE WITH RATES AS STATED IN OUR FAQS. Deliveries outside of the UK may be subject to import taxes and/or customs duties. Please note that the customer is responsible for paying any duties, customs, taxes or charges which may be levied by your government once your product arrives at its destination country. If the item does not get to you as a result of your failure to make payment of any customs, duties or taxes and the item is returned, we will refund you less the cost of shipping and any charges incurred by us. Please allow 12 working days for delivery. 

8              Payment

8.1          We accept a number of credit cards and debit cards. We do not accept cash or cheques.

8.2          We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy (see clause 3) or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

8.3          Your credit card or debit card will only be charged when the order has been accepted. 

8.4          All payments by credit card or debit card need to be authorised by the relevant card issuer.

8.5          If your payment is not received by us and you have already received the goods, you must:

8.5.1      pay for such goods as soon as possible and in any case within 30 days; or

8.5.2      return them to us as soon as possible and in any case within 35 days. If so, you must keep the goods in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the goods) and not use them before you return them to us.

8.6          If you do not pay for the goods and fail to return them in accordance with clause 8.5, we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.

8.7          Nothing in this clause affects your legal rights to cancel the contract during the cancellation period as set out in clauses 5 and 6.

8.8          All prices are in pounds sterling (£)(GBP) and include VAT at the applicable rate, but exclude delivery charges.

9              Nature of the goods

9.1          The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The goods that we provide to you must be as described, fit for purpose and of satisfactory quality.

9.2          We are under a legal duty to supply you with goods that are in conformity with this contract.

9.3          The packaging of the goods may be different from that shown on the site.

9.4          While we try to make sure that:

9.4.1      all weights, sizes and measurements set out on the site are as accurate as possible; and

9.4.2      the colours of our goods are displayed accurately on the site, the actual colours that you see on your device may vary depending on the device that you use.

9.5          Any goods sold at discount prices, as remnants or as substandard will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.

9.6          If we can’t supply certain goods, we may need to substitute them with alternative goods of equal or better standard and value. In this case:

9.6.1      we will let you know if we intend to do this but this may not always be possible; and

9.6.2      you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.

10           Faulty goods

10.1        Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this page. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:

10.1.1    visit our webpage: FAQs;

10.1.2    contact us using the contact details at the top of this page; or

10.1.3    visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06.

10.2        Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.

10.3        If your goods are faulty, please contact us using the contact details at the top of this page.

11           End of the contract

If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

12           Limitation on our liability

12.1        Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:

12.1.1    losses that were not foreseeable to you and us when the contract was formed;

12.1.2    losses that were not caused by any breach on our part;

12.1.3    business losses; or

12.1.4    losses to non-consumers.

13           Third party rights

No one other than a party to this contract has any right to enforce any term of this contract.

14           Disputes

14.1        We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the goods you ordered, our service to you or any other matter, please contact us as soon as possible using the contact details set out at the top of this page.

14.2        If you do not wish to use ADR, you can still bring court proceedings.

14.3        Relevant United Kingdom law will apply to this contract. If you want to take court proceedings, the courts of the region of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to this contract.