TERMS & CONDITIONS

Introduction
Our contact details
Changes to these terms and conditions
Privacy
Your status
Our contract
Availability and delivery of goods
Risk and title
Price and payment
Export
Cancellation
Returns
Refunds
Secure shopping
Access to and use of the Website
Acceptable use of the Website
Disclaimer
Limitation of liability
Force majeure
General
Governing law and jurisdiction

1. Introduction

The www.davidlinley.com website (the "Website") is controlled and operated by David Linley & Co Ltd, a company incorporated in England and Wales under company number 01908943, whose registered office is at The Courtyard, Beeding Court, Steyning, WEST SUSSEX BN44 3TN (referred to in these terms and conditions as "we", "us", "our" or "Linley"). Our VAT registration number is 1908943.

This page (together with the documents referred to on it) sets out the terms and conditions on which we supply the goods listed on our Website. Please read these terms and conditions carefully before ordering any goods from the Website. You should understand that by ordering any of our goods you agree to be bound by these terms and conditions.

Each time you make a purchase from the Website, you will need to indicate your acceptance of these terms by clicking on the button marked "I Accept" during the checkout process. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any goods from our Website.

2. Our contact details

If you have any questions regarding us, the Website, our goods or an order that you have placed, please contact us by: (a) emailing us at orders@davidlinley.com; (b) completing the contact form available from here; (c) calling us on +44 (0) 207 730 7300 (Monday - Thursday 0900-1800 and Friday - Saturday 0900-1700); or (d) by faxing us on +44 (0) 207 730 8869.

3. Changes to these terms and conditions

The terms and conditions are subject to change at any time, and it is your responsibility to check these terms and conditions regularly before ordering goods in case there are any changes. Any changes will be effective immediately upon posting to the Website. Your continued access, browsing, purchasing or other use of the Website constitutes your agreement to all such terms and conditions.

4. Privacy

Full details of how we collect, hold and process your personally identifiable information are set out in our Privacy Policy.

5. Your status

By placing your order through our Website, you warrant that:
a) you are legally capable of entering into binding contracts;
b) you are at least 18 years old; and
c) the information given on your order form is complete and accurate.

6. Our contract

All orders are subject to acceptance by us and availability of the requested item(s). After placing an order you will receive an email from us acknowledging that we have received your order. The email will state the item(s) you have ordered, the cost (including VAT where applicable and postage and packaging) and delivery and invoice details. If your order has been unsuccessful, you will be made aware of the reason why and possible explanations. Please note that this acknowledgment email does not mean that your order has been accepted - your order constitutes an offer to us to purchase goods. All orders are subject to acceptance by us and we will confirm such acceptance by sending you an email confirming that we have dispatched the item(s) to you (the "Dispatch Confirmation"). That email shall represent our legal acceptance of the order you made to purchase the item(s) and the contract between us (the "Contract") will only be formed when we send you the Dispatch Confirmation.

If we confirm to you that some but not all item(s) that you have ordered have been dispatched, those item(s) that have not been dispatched will not form part of the Contract. In the event of any change, such as a change in price or expected delivery date, between the completion of your order and the sending of the Dispatch Confirmation, we shall inform you and you shall at that point have the right to either: (a) accept such change (in which case your email reply will represent a new offer which we will accept upon notification of dispatch); or (b) reject such change (in which case your email reply will represent a withdrawal of your order, or the relevant part of you order as the case may be).

7. Availability and delivery of goods

Availability information is clearly displayed on the Website next to each individual item. If no delivery date is specified, your order will be fulfilled within 30 days after the date of Dispatch Confirmation, unless there are exceptional circumstances.

If we have insufficient stock to deliver the goods you have ordered, we will not charge your credit/debit card until the date your order is sent to you.

8. Risk and title

The goods will be at your own risk from the time of delivery.

Ownership of the goods will only pass to you when we receive full payment of all sums due in respect of the goods, including delivery charges.

9. Price and payment

We aim to ensure that the pricing of goods on the Website is correct at all times. However, the Website may not always accurately reflect the correct details at the moment at which you place your order. We cannot confirm the price of an item until your order is accepted via the Dispatch Confirmation and we reserve the right to change prices without prior notice at any time prior to dispatch.

All prices include VAT but exclude delivery costs, which will be added to the total amount.

All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your credit/debit card refuses to authorise payment to us, your order will not be accepted and we will not be liable for any delay or non-delivery.

10. Export

If you order goods for delivery outside the UK, you will be responsible for obtaining all necessary licences and complying with all applicable legislation and regulations governing the export of goods from the UK and the importation into the country of destination. You will also be responsible for the payment of all applicable import duties and taxes. Please contact your local customs office for further information before placing an order.

11. Cancellation

If you are contracting as a consumer and subject to the exceptions set out below, you may cancel a Contract at any time up until seven working days after the day you receive the goods. You do not need to give us any reason for your cancellation. Where you cancel your Contract and subject to your compliance with these terms and conditions, you will receive a full refund of the price paid for the goods in accordance with our refunds policy (set out in section 10 below).

To cancel the Contract, you must inform us in writing by sending an email to [orders@davidlinley.com] (the email must contain the order number and the fact that you wish to cancel the Contract). You must also return the good(s) to us immediately (to the returns address set out in section 13 below), in the same condition in which you received them and at your own cost and risk. You have a legal obligation to take reasonable care of the goods while they are in your possession.

You will not have any right to cancel a Contract for the supply of goods made to your specification or which by their by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.

12. Returns

Faulty item(s) - You have the right to return faulty items within a reasonable period of time after delivery. If you wish to return an item because you think it is faulty you must inform us in writing by sending an email to [orders@davidlinley.com] (the email must contain the order number and the fact that you wish to return an item because you think it is faulty). You must also return the item to the returns address set out below. Please note that we reserve the right to send back any items to you that have been returned to us after 30 days unless it is faulty.

Incorrect item(s) - If you receive any incorrect items please notify us immediately by sending an email to [orders@davidlinley.com] (the email must contain the order number and the fact that you wish to return an item because it has been delivered incorrectly). You must also return the item in question to the returns address set out below.

Our returns address is: LINLEY Website, 60 Pimlico Road, London, SW1W 8LP.

Your statutory rights as a consumer are not affected. For more information about your statutory rights, please visit the Office of Fair Trading's Consumer Direct website at: http://www.consumerdirect.gov.uk/

13. Refunds

When you return goods to us because you have cancelled the Contract within the seven working day cooling-off period (see section 12 above), we will process the refund due to you as soon as possible and, in any case, within 30 days after the day you have given notice of your cancellation. In this case, we will refund the price of the goods in full, including the cost of sending the goods to you. However, you will be responsible for the cost of returning the goods to us.

When you return goods to us for any other reason (for instance, because you claim that the goods are faulty or because you have been sent an incorrect item), we will examine the returned goods and, where applicable, will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days after the day we confirmed to you via e-mail that you were entitled to a refund for the defective/incorrect goods. Any goods returned by you because they are incorrect or because of a defect will be refunded in full, including a refund of the cost incurred by you in returning the goods to us (provided that you enclose a receipt with the goods showing the return delivery costs).

We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

14. Secure shopping

We place great importance on maintaining the security of the information that you provide via the Website and for this reason we use advanced internet security systems to safeguard your information. In addition, the Website is protected by a SSL Certificate ensuring that all information you provide via the Website, including your credit/debit card number, name and address, is encrypted and converted into code before it is transmitted over the internet. Therefore, in the extremely unlikely event that this information should be intercepted, it would be encrypted and difficult to decipher. We also use the Verified by Visa and Mastercard SecureCode services.

15. Access to and use of the Website

We are the owner or the licensee of all intellectual property rights in the Website, the material on the Website (including all text, data, databases, graphics, layout, logos, images, audio material, clips, films or other moving images, algorithms, item details and/or software published or otherwise made available on the Website from time to time) and the trade marks displayed on the Website.

Subject to these terms and conditions, we grant you a limited, temporary, revocable, and non-exclusive licence to access, browse and use the Website for your personal and non commercial use only. Where specified on the relevant part of the Website, the licence granted in these terms and conditions may be limited to a particular period of time and/or may be subject to additional terms and conditions.

Except as set out in the limited licence above (or as required under any applicable law), no part of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent. In particular, you are not permitted to republish any part of the Website on another website, in any other medium (print, electronic or otherwise) or as part of any commercial service without our prior written permission. All the intellectual property rights referred to above remain owned by us or our relevant licensor.

16. Acceptable use of the Website

While accessing, browsing and/or using the Website you must:
(a) comply with all applicable laws, regulations and codes of practice;
(b) not impersonate another person or use a false name or email address;
(c) not collect or store personal information regarding other users (unless expressly authorised to do so);
(d) not solicit funds, advertisers or sponsors;
(e) not deep-link to and/or frame or use framing techniques to enclose the Website, or any part of the Website, without our prior written consent;
(f) not modify, or attempt to modify, all or any part of the content on the Website;
(g) not gain or attempt to gain unauthorised access to the Website, the server on which the Website is stored or any third party server, computer or database connected to the Website;
(h) not post, transmit, submit, refer to, make available or link to or from any material which (in our sole opinion):
    (i) is untrue, fraudulent, inaccurate or incomplete; and/or
    (ii) is obscene, threatening, menacing, offensive, defamatory, abusive, causes annoyance, inconvenience or needless anxiety, is in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright) or otherwise is in breach of or violates any applicable law or regulation or code, and/or
    (iii) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Website; and/or
    (iv) which contains any virus or other harmful code, or which may otherwise impair or harm the Website or our computer systems or any third party computer system.

17. Disclaimer

Neither we nor any of our data providers or affiliates gives any warranty or guarantee: (a) relating to the availability of the Website; (b) that the Website and/or our operation of it, the content or the server that makes the Website available, are error or virus free or free of other harmful components; or (c) that your use of the Website will be uninterrupted.

Although we take every care to ensure accuracy, we make no warranties as to the accuracy of the information we place on our Website.

18. Limitation of liability

We will only be responsible for any losses you suffer as a result of us breaching these terms and conditions and/or any Contract if the losses were reasonably foreseeable to both you and us when you started using the Website or when a Contract was formed.

We will not be responsible for any indirect or consequential loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) that is not reasonably foreseeable to both you and us when you started using the Website or when a Contract was formed.

Notwithstanding any provision of these Terms, we do not exclude or limit our liability for:
(a) death or personal injury caused by our negligence or that of any of our officers, employees or agents; or
(b) fraud or fraudulent misrepresentation; or
(c) any liability which it is not lawful to exclude either now or in the future.

19. Force majeure

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

20. General

If the whole or any part of any provision of these terms and conditions is or becomes invalid, void or unenforceable for any reason, the same shall, to the extent required, be severed from these terms and conditions and rendered ineffective so far as is possible without modifying the remaining provisions of these terms and conditions and shall in no way affect the validity or enforceability of any other provisions.

These terms and conditions supersede all prior agreements, arrangements and understandings between you and us concerning the Website and/or any Contract and constitute the entire agreement between you and us in respect of the access, browsing and use of the Website as well as the purchase of items made via the Website.

We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or been implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

No waiver by us of any breach of these terms and conditions shall constitute a waiver of any other prior or subsequent breach and we shall not be affected by any delay, failure or omission to enforce or express forbearance granted in respect of any of your obligations.

These terms and conditions are not intended to create and shall not create any rights, entitlements, claims or benefits enforceable by any third party by virtue of the Contracts (Rights of Third Parties) Act 1999.

The Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

21. Governing law and jurisdiction

These terms and conditions, your use of the Website and/or any Contract shall be governed by and construed in accordance with English law and the English courts shall have non-exclusive jurisdiction over any dispute which may arise.

VERIFIED BY VISA AND MASTERCARD SECURECODE

Verified by Visa and Mastercard SecureCode are new services that protect your card details with a personal password in order to provide greater security to online shoppers.

In order for Verified by Visa and Mastercard SecureCode to work, you will need to register your card with a password (which will be known only by you). You only need to do this once, then whenever you use the card to shop online, you will be asked to enter the password during the checkout process.

If you are not already registered for Verified by Visa or Mastercard SecureCode, you may be asked by your bank to register your card during the Website purchase process and you will be directed to your bank's website to do so. If you would like to register your card without placing an order online via the Website, you will need to contact the bank or building society that issued your card.

If you have previously registered for Verified by Visa or Mastercard SecureCode, you will be prompted to enter your password when placing your order on the Website.

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