Terms and Conditions
1. In General
Access to and use of this website Darcey.co.uk, referred to as Darcey and the products and services available through this website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service. This website is operated by Darcey (‘we’, ‘us’ or ‘our’). Any reference to ‘you’ or ‘your’ is a reference to you as our customer and to your rights and obligations. Our VAT number is GB 423215983.
Access to this website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this website. Goods displayed on our website can be ordered online through our secure server, or by emailing us at firstname.lastname@example.org or by calling our telephone ordering service on 01273 474667. If there is anything you do not understand, please raise it at the time you place your order.
Below we outline what data we use, how it is used and what choices and rights you have in respect of the data that is held.
Joining the Darcey Loyalty Card Scheme
You are able to join the Loyalty Card Scheme by completing a form in store and providing us with some simple contact details (name, address, email). We will then securely store this information on our customer database which is hosted by Intelligent Retail. You may ask to have your details removed from the Loyalty Card Scheme at any point.
We will only contact you with offers, promotions or details of new stock if you have provided us with explicit consent for doing so by joining the Loyalty Card Scheme.
We may also collect details of how you use any marketing emails that we may send, including whether you open our emails and what actions you take once you have. Such information may be used to determine the marketing messages that you may see.
We assure you that you will always be able to ask us to stop marketing to you at any point at which any and all direct marketing will cease (with the exception of any campaigns that are currently in the pipeline for despatch). All marketing emails issued by Darcey will include and ‘Unsubscribe’ link.
Darcey does not sell, trade or rent your personal details to any third parties.
Digitally Collected Information
Information collected digitally can include your IP address, data from your browser, cookies (pieces of data stored on your computer) and how our website is used and from what kind of device. This can be used for a number of purposes, such as provide aggregate information as to how users may access our site to providing a more individualised service, such as displaying our pages in the right language for example.
Your rights to see, delete or amend data held about you
You are entitled to access your personal data held by us at any time. Please email email@example.com to make such a request. We will be obliged to offer any appropriate details within 30 days of the request. Please do advise us if you are seeking a specific piece or pieces of data.
Any concerns about the ongoing processing of data, including any corrections that may need to be made to any information held, should also be directed to firstname.lastname@example.org.
Contact Information: Darcey, 11 Cliffe High Street, Lewes, East Sussex BN7 2AH.
You must not misuse this website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. Darcey will report any such breach to the relevant authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.
4. Intellectual Property, Software and Content
The intellectual property rights in all software and content made available to you on or through this website remains the property of Darcey or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Darcey and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this website nor may you use any such content in connection with any business or commercial enterprise.
5. Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays for which we will not be responsible.
In order to contract with Darcey you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Darcey retains the right to refuse any request made by you. If your order is accepted we will inform you by email using the email address you have provided us. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to change.
5.1 Our Contract
When you place an order by telephone you will receive a verbal confirmation that the card payment has been authorized and successfully completed and a verbal guarantee that your goods will be dispatched, and that your order has been accepted. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card. We sell goods only to end consumers. All goods are sold subject to the condition that they will not be resold. The contract may be subject to your right of cancellation.
5.2 Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this website are accurate, errors may occur. If the items you have ordered are out of stock, we will endeavour to contact you via the email or contact details you provided when placing the order. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. We will not supply a substitute product without your express authority.
Where applicable, prices are inclusive of VAT. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies
Payment must be made by telephone to the Darcey store in Lewes on 01273 474667 using Visa, Mastercard, Visa Debit or Maestro cards. We do not accept payment by cheque. Goods will be dispatched once the card payment has been pre-authorised and the transaction successfully completed, your card will then be debited.
Please note that we do not store customer's credit card details within our website or database.
5.4 Loyalty Cards and Discount Codes
Loyalty Card Scheme
These 'Terms' govern the collection and use of the Darcey Loyalty Card scheme and all offers associated with it. This sets out the terms of agreement between Darcey and you, the customer.
It is entirely at the discretion of Darcey, to allow any customer or persons to opt in to the Darcey Loyalty Card scheme. The Darcey Loyalty Card is only open to persons aged 18 or over. Darcey will not automatically enter you into the Darcey Loyalty scheme. The option to join said scheme is available to customers and persons at time of purchase, should they so wish to do so. Discount codes offered by Darcey are exclusive to the Darcey Loyalty scheme and are unique to the individual customer profile.
The Darcey Loyalty Card is a points based scheme. For every £1 spent on Darcey.co.uk or in store at Darcey, you will earn 1 point. At 200 points you will be entitled to receive a £5 Darcey gift voucher. Your points total will then revert back to zero, and you may begin to collect points again. Darcey gift vouchers are valid for 12 months from the date of issue. Customer Loyalty Card points cannot be transferred from one account to another.
Customers may redeem their accumulated points, once in receipt of their Darcey gift voucher, on any of their next purchases, be it on Darcey.co.uk or in store at Darcey. The Darcey gift voucher is redeemable one time only if the value of your purchase/s is more than the value of your Darcey gift voucher. If the value of the Darcey is less than the value of your purchase/s, the difference will remain available for your next purchase.
In the case of a Darcey Loyalty Card account being closed, all reward points, discounts and offers will be removed. Darcey may refuse to add or redeem Loyalty Card points should they consider the scheme to be used fraudulently or where the customer is in breach of any of the terms and conditions of the Darcey Loyalty Card scheme.
A refund implies the loss of Darcey Loyalty Card points accumulated to each item refunded.
Darcey reserves the right to amend or terminate the Darcey Loyalty Card scheme at its sole discretion at any time, with or without notice.
Promotions and discounts
Promotional discount codes: We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made through this website. The conditions of use relating to any discount code will be specified at the time of issue. These Terms relate to all Darcey promotions, competitions and discount codes (unless otherwise stated).
Only one promotion code can be used per order. A promotion code cannot be used after an order has been placed. There is no cash alternative to any Darcey promotions, discounts or Loyalty card points unless otherwise stated in the terms and conditions of said promotion. This is non negotiable.
6. Disclaimer of Liability
The material displayed on this website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Darcey and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Darcey's liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
7. Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
This website must not be framed on any other site, nor may you create a link to any part of this website other than the home page. We reserve the right to withdraw linking permission without notice.
8. Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party products, services and/or locations featured on this website are in no way associated, linked or affiliated with Darcey and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Darcey.
You agree to indemnify, defend and hold harmless Darcey and Darcey.co.uk, its directors, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this website or your breach of the Terms of Service.
Darcey and Darcey.co.uk shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Terms and/or any page of this website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
In the event of you having a complaint or problem with any aspect of our service or the products we offer, please telephone us on 0800 1114978 or inform us via email at email@example.com. We take all complaints extremely seriously and we will try to rectify any problem quickly and effectively. Our team is available between 9:30am and 8pm (GMT) Monday to Friday and 9:30am and 5pm Saturday.
All complaints will be acknowledged within 5 working days and will be resolved as soon as possible. We will always keep you informed throughout the process of resolving your complaint and we will keep the details of your complaint confidential. We always welcome feedback from our customers and are continually looking at ways to improve our service.
If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
14. Governing Law and Jurisdiction
These Terms are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.
15. Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Darcey. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Darcey.
16. Ethical Sourcing Policy
As a reputable and trusted business committed to offering its customers high quality products, Darcey recognises its obligation to ensure that suppliers are operating ethically. We expect our suppliers to consistently provide an environment which protects their employees' health and safety and basic human rights.
All suppliers are expected to comply with their national employment laws and regulations with particular regard to:
- Minimum age of employment
- Freely chosen employment
- Health and safety
- Freedom of association and the right to collective bargaining
- No discrimination
- No harsh or inhumane treatment
- Working hours
- Rates of pay
- Terms of employment
Darcey will never knowingly source stock from countries which are in breach of the above principles. We also look to our suppliers to instill these principles when dealing with their own supplier base.
Because of the sometimes complex nature of our suppliers' supply chain, it is not always possible to monitor and control the conditions of each individual involved in the production of our products. However, as Darcey continues to grow it recognises the importance of being proactive and doing everything within its power to support the rights of those involved in the manufacture of its goods.