Business Address: 1 Kings Drive, Kinghorn, Fife, Scotland, KY3 9XG, UK
1. Terms of Contract
- These Terms and Conditions together with the Order placed via this website (together the “Agreement”) shall form the contract between The Company and the Purchaser for the supply of Goods. No addition to or variation of or exclusion or attempted exclusion of these terms and conditions of the Agreement shall be binding upon The Company unless authorised in writing in advance by The Company.
- There is no binding contract formed between The Company and the Purchaser until the Order has been confirmed as accepted by The Company by posting its acknowledgement of the order.
- The Company is not obliged to accept any Order and may choose not to do so.
2. Price and Payment
- The price of the Goods shall be as stated or expressly agreed by The Company and the Purchaser in writing.
- All order must be paid in full in advance by credit card, debt card or alternative advance payment method agreed by The Company, before the goods are despatched.
- The Purchaser shall not be entitled to set off against any amount payable under this order any amount due by The Company to the Purchaser under any other agreement.
- The Purchaser shall not be entitled to withhold payment of any amount payable under this order by reason of any dispute or claim by the Purchaser.
3. Availability and delivery of Goods
- The Company shall take all reasonable steps to fulfil the Order but shall not be liable to despatch Goods if:Delivery will deem to have been effected when the Goods have been received at the delivery address specified by the Purchaser.
- The Company is prevented from despatching the Goods by circumstances beyond its reasonable control; or
- the quantity requested exceeds the level The Company can reasonably supply in the ordinary course of its business.
- Delivery dates are given in good faith but are not guaranteed and no liability will be accepted for any loss whatsoever suffered or caused through the late delivery or non-delivery and the time of delivery shall not be of the essence.
- The price of the delivery of the Goods will be to worldwide addresses, per pair ordered.
- The Purchaser shall procure the signature of delivery of the Company’s delivery note as acknowledgement of delivery.
4. Quality of Goods and Returns
- The Company shall ensure that the Goods supplied are of satisfactory quality, comply with the specifications provided, are fit for their normal purpose and comply with all relevant statutory requirements.
- Any claims for damaged Goods or otherwise incorrect deliveries must be made by the Customer by email submitted to The Company within thirty days of the date of delivery.
- The Company does not accept liability in respect of any Goods which are damaged or otherwise rendered defective by their improper use or storage after delivery to the Purchaser.
- The Company reserves the right to refuse credit or replacement of Goods for any Goods which are returned by the Purchaser as being faulty or damaged if the Goods in The Company’s sole and reasonable opinion were in good condition when originally despatched from The Company’s premises or have been improperly returned.
- Where the Goods are returned by the Purchaser without The Company’s consent, it will not be accepted for credit or replacement.
5. Insurance and Title
- The Goods shall remain the property of The Company until The Company has received in cash or cleared funds payment in full for the Goods and further that all other sums due and owing to The Company by the Purchaser have been discharged.
- The risk and obligation to insure the Goods shall pass to the Purchaser on delivery. Where the Goods are delivered to the Purchaser’s agent, the risk and the obligation to insure shall pass to the Purchaser at the time of delivery to its agent.
6. Exclusion of Liability
- The Company will not be liable to the Purchaser for loss of revenue, loss of actual or anticipated profits (including, without limitation, loss of profits); loss of business; loss of product; loss of or damage to reputation; or any indirect or consequential loss or damages however caused (including, for the avoidance of doubt, where such loss or damage is of the type specified above in this Clause 7a) which arise directly or indirectly from the subject matter of this Agreement.
- Without prejudice to any rights or remedies to which The Company may be entitled, The Company may terminate this Agreement immediately and without liability if:
- The Purchaser makes any arrangement or composition with its creditors or commits an act of bankruptcy or if a receiving order is made against it or an order is made or a resolution is passed for the winding-up of the Purchaser (other than solely for the purpose of amalgamation or reconstruction previously approved in writing by The Company) or has a receiver appointed of the whole or any part of its assets or undertaking or circumstances arise which entitle the Court or a creditor to appoint a receiver or manager or which entitles the Court to make a winding-up order or if the Purchaser takes or suffers any similar action in consequence of debt; or
- The Purchaser commits any breach of this Agreement or is in breach of any other contract it has with The Company.
- In the event that this Agreement is terminated:
- The Company shall not be obliged to fulfil any Order which has been submitted;
- The Company reserves the right to assign the benefit of this Agreement to its appointed nominee and shall ensure that the terms and conditions of this Agreement shall continue to apply. The Purchaser may not assign this Agreement or its obligations in respect of the same unless specifically authorised in advance in writing by a director of The Company.
- The Company reserves the right to suspend or cancel delivery of any Order or part thereof for any reason beyond the reasonable control of The Company and The Company shall not be liable for any direct or indirect damage or loss thereby caused to the Purchaser.
- The Company’s delay or failure to exercise or enforce any rights conferred by this Agreement shall not be deemed to be a waiver of any such right nor operate so as to prevent the exercise or enforcement thereof at any time or times thereafter.
- In the event that any one or more clauses of this Agreement is held to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining clauses shall not in any way be affected.
- “Purchaser” means the company identified on the relevant Order processed via this website or to whom an acknowledgment of order is addressed.
- “Goods” means the articles selected or ordered from The Company by the Purchaser.
- “Order” means the order placed in respect of Goods ordered by the Purchaser.
- “The Company” means Don's Footwear.
- “Price” means the most current price or price specifically quoted by The Company for the Goods.