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Den Automation Online Terms of Use and Supply

Introduction
Use of Site
Intellectual Property Rights
Ordering and availability
Pre-Orders
Delivery
Installation
Risk and ownership
Price and payment
Consumer cancellation rights
Our refunds policy
Faulty Products
Product information
Our liability
General
Contacting us

Introduction

These are the terms of supply for products ordered on www.getden.co.uk (Site) and/or through any mobile application we provide which allows product ordering (Application) and the terms of use for the Site. The Site/Application is operated by or on behalf of Den Automation Ltd trading as Den (we, us and our). We are a limited company, registered in England. Our registered company number is 08448361, and our registered office is at Unit 605, Metropolitan Wharf 70 Wapping Wall, London, England, E1W 3SS. Our VAT registration number is GB2203006.

Your use of the Site and purchase of any of the products offered on the Site/Application (Products) is subject to these terms and by placing an order for any Product you agree to be bound by them. You should print a copy of these terms for future reference.

Your use of the Products will require you to download the Application. Use of the Application is subject to our Mobile App EULA which will be available when you receive the products.

Use of your personal information submitted to or via the Site/Application is governed by our Privacy and Cookies Policy.

We reserve the right to change these terms from time to time by changing them on the Site/Application, although no such change will affect any order you have already placed with us. These terms were last updated on 07 March 2018.

Use of Site

It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Site and is compatible with the Site. We cannot and do not guarantee that any content of the Site will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.

We cannot guarantee the continuous, uninterrupted or error-free operability of the Site. There may be times when certain features, parts or content of the Site, or the entire Site, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, at our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Site, or any features, parts or content of the Site.

You may only use the Site for non-commercial use and only in accordance with these terms. You may retrieve and display content from the Site on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Except to the extent expressly set out in these terms, you are not allowed to:

  • 'scrape' content or store content of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Site;
  • remove or change any content of the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted; or
  • create links to the Site from any other website, without our prior written consent , although you may link from a website that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, you link to (and do not frame or replicate) the home page of the Site, and the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party.

You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.

We may change the format, features and content of the Site from time to time. You agree that your use of the Site is on an 'as is' and 'as available' basis and at your sole risk.

Intellectual property rights

All intellectual property rights in the Products any content of the Site (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. Except as expressly set out here, nothing in these terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Site. In the event you print off, copy or store pages from the Site (only as permitted by these terms), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.

Ordering and availability

To order any Product, you must be at least 18 years of age. By doing so, you confirm to us that you meet this requirement.

Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the "Complete Order and Pay" button on the checkout page.

After placing an order, you will receive an acknowledgment from us that we have received your order and giving you an order reference number. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy the Product(s) ordered. All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order. You do, however, acknowledge that by clicking on the " Complete Order and Pay " button, you enter into an obligation to pay for the Product(s). Where we accept your order, we will confirm such acceptance by sending you a confirmation that your order has been accepted (Order Confirmation). The contract between you and us in relation to the Product(s) ordered (Contract) will only be formed when we send you the Order Confirmation. After entering into the Contract, we will be under a legal duty to supply you with goods that are in conformity with the Contract.

The Contract will relate only to the Product(s) which have been confirmed in the Order Confirmation. We will not be obliged to supply any other Product(s) which may have been part of your order until such Product(s) have been confirmed in a separate Order Confirmation.

Pre-Orders

Certain new Products may, where indicated on the relevant Product page, be pre-ordered (i.e. you may place an order before the relevant Product has been generally released and become available on the Site). Where this is the case, the date which the product is expected to be available will be shown on the relevant Product page (the "Availability Date").

You acknowledge that, by placing a pre-order, you are offering to buy a Product(s) (and make payment in accordance with these terms) at the time of the order before the Availability Date.

If you place a pre-order before the Availability Date shown on the relevant Product page (and we accept it), the pre-ordered Product(s) will be despatched after the Availability Date and delivered by the delivery date set out in the Order Confirmation but in any case not later than 14 days after the Availability Date.

Delivery

In the case of orders that are not pre-orders, your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 30 days after the date of the Order Confirmation, unless there are exceptional circumstances.

Your order will be delivered to the delivery address within the United Kingdom you specify when placing your order.

If your delivery address is geographically remote, for example certain outlying islands or other isolated locations, it is possible that we may not be able to deliver there. If that is the case, we will notify you before we accept your order. Orders cannot be delivered to PO Box or similar addresses.

Products comprised within the same order cannot be delivered to different addresses.

Deliveries are made by Royal Mail (within the United Kingdom) and take place on Monday to Saturday, excluding bank and public holidays, usually within the hours of 8am and 5pm on Mondays to Fridays and within 8am to 1pm on Saturdays. It is not possible to specify a precise time at which a delivery will take place.

Deliveries will be made to your door. Our delivery provider will not be responsible for any additional carrying, unpacking or positioning of Product(s).

Installation

You accept that we do not offer installation services for our Products, and that we recommend that you instruct a qualified electrician to install the products for you. We accept no liability for any losses you suffer arising from the incorrect or incomplete installation of the Products carried out by you or a third party.

Risk and ownership

The Product(s) ordered will be at your risk from the time of delivery. Ownership of the Product(s) ordered will also pass to you on delivery, provided full payment of all sums due in respect of the Product(s), including any delivery charges, has been received.

Price and payment

The price of Products is as quoted on the Site/Application from time to time.

Prices include VAT but exclude delivery costs, which will be automatically added (at the cost shown) to the total amount due once you have selected your chosen delivery method.

Prices and delivery costs are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.

Payment for all orders must be made by credit or debit card on the checkout page. We accept payment by most major credit and debit cards. Please note that, for security reasons, the statement address for the credit or debit card you use to pay must be the same as the billing address for the order. We can only accept credit or debit cards where the statement address is within the United Kingdom.

You accept that, in the case of pre-orders, we will charge your credit or debit card when we accept your order, and not at the point of dispatch.

You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.

Consumer cancellation rights

You may cancel a Contract at any time before your order is delivered and up to 14 days afterwards, beginning on the day after your order is delivered to you.

If you cancel, you will receive a full refund of the price paid for the Product(s) in accordance with our refunds policy (see below).

To cancel a Contract, you must clearly inform us by completing and submitting our cancellation form which available on the Site, either:

  • in writing to Den Automation Ltd, Unit 605 Metropolitan Wharf, 70 Wapping Wall, London E1W 3SS
  • or by email to [email protected]

You must also return the Product(s) to us within 14 days after the day of notifying us of the cancellation, in the same condition in which you receive them (which does not interfere with your right to take any reasonable steps to examine the Product(s) and make sure they conform to your order). You have a legal obligation to take reasonable care of the Product(s) while in your possession. If you fail to comply with this obligation, we may have a right to deduct the cost of any deterioration (due, for example, to your having used the Product(s)), up to the price of the Product(s), from the refund to which you are otherwise entitled.

To return the Product(s), you should package the parcel securely (making sure you include a note of your name and address (enclosing any returns slip, if we have provided one) inside the parcel) and then return it to us, either by courier or by recorded delivery mail or other form of certified mail or, if the Product(s) are too bulky to return by mail, then by a suitable carrier, to the following address:

Den Automation Ltd, Unit 605, Metropolitan Wharf, 70 Wapping Wall, London E1W 3SS

We advise that you take out enough postal/carriage insurance to cover the value of the contents. Please save your proof of posting/despatch and tracking information until your refund has been processed. You will be responsible for the cost and risk of returning the Product(s) to us.

Details of the consumer rights described above, and an explanation of how to exercise them, are provided in the Order Confirmation. Nothing in this section affects your legal rights.

Our refunds policy

If you cancel a Contract between us within the 14-day cooling-off period (see above), we will process any refund due to you as soon as possible and, in any case, within 14 days after the day on which we receive the Product(s) back. We will refund the price paid in full (subject to any deduction we are entitled to make due to your use of or damage to the Product(s)), including the cost of standard delivery. However, we will not refund your cost of returning the Product(s) to us. If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid.

Refunds are made using the same method originally used by you to pay for your purchase, unless agreed otherwise.

Faulty Products

If any Product you order is damaged or faulty when delivered to you or has developed a fault within the two year warranty period, you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference. Nothing in this section affects your legal rights.

Product information

Whilst we have taken reasonable steps to depict Products as accurately as possible through the photographs and other images featured on the Site/Application, the detailing (such as colour, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product when you receive it.

Our liability

Nothing in these terms shall limit or exclude our liability to you:

  • for death or personal injury caused by our negligence;
  • for fraudulent misrepresentation;
  • for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded;
  • under Part I of the Consumer Protection Act 1987; or
  • for any other liability that, by law, may not be limited or excluded.

Subject to this, if you are a consumer and not a business customer, in no event shall we be liable to you for any business losses, and if you are a business customer, in no event shall we be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we do have for losses you suffer arising from any Contract shall not exceed the purchase price of the relevant Product(s) and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control.

General

You may not transfer or assign any or all of your rights or obligations under any Contract.

All notices given by you to us must be given in writing to the address set out at the end of these terms. We may give notice to you at either the email or postal address you provide to us when placing an order.

If we fail to enforce any of our rights, that does not result in a waiver of that right.

If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.

These terms may not be varied except with our express written consent.

These terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract. We are required by law to advise you that Contracts may be concluded in the English language only and that no public filing requirements apply.

These terms shall be governed by English law, except that if you are a consumer and not a business user and if you live in Scotland or Northern Ireland, there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law.

You agree that any dispute between you and us regarding these terms or any Contract will only be dealt with by the English courts, except that if you are a consumer and not a business user and if you live in Scotland or Northern Ireland, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country.

The European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest and we are required to inform you that you may use it if there is a dispute that cannot be resolved between you and us.

Contacting us

If you have any questions on your order, order status or retail or wholesale purchases in general, please contact us on [email protected].

For questions relating to products you have purchased, technical issues, the mobile app, data protection and returns, please contact us on [email protected].

If you have enquiries about warranty and service, please contact to us on [email protected].

If you have general questions regarding our products and services, please contact us on [email protected]

You can also write to us at:

Den Automation Ltd, Unit 605, Metropolitan Wharf, 70 Wapping Wall, London E1W 3SS

Cancellation Form

To Den Automation Ltd

Den Automation Ltd, Unit 605, Metropolitan Wharf, 70 Wapping Wall, London, E1W 3SS

Tel: 020 3740 3828

Email: [email protected]

I/We* hereby give notice that I/we* cancel my/our* contract of sale of the following goods:

………………………………………………………………….

………………………………………………………………….

………………………………………………………………….

Ordered on* : …………………………………….

Order Reference : …………………………………….

Names of consumer(s): …………………………………….

Address of consumer(s): …………………………………..

………………………………………………………………….

………………………………………………………………….

Signature of consumer(s): …………………………………

Date: …………………………………

*Delete as appropriate

cancellation-form.pdf