a) "Drake & Madison" means 2610 DC Ltd, company number 06635663, registered in England and Wales also referred to as "we", "us" or "DM" in these terms and conditions.
b) "Force Majeure" means any clause affecting the performance by DM of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but not limited to) governmental regulations, fire, flood or any disaster or industrial dispute affecting a third party.
c) "Working days" means Monday to Friday, excluding Bank or other Public holidays.
a) All contracts of sale made by DM shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the party ("the Customer") with whom DM is dealing. Cancellation of orders by business to business customers is not accepted as many orders are despatched on the same day the order is placed. Cancellation of orders by consumers can only be accepted in accordance with the Consumer Contracts Regulations 2014.
b) All orders are subject to acceptance and to availability of the goods ordered. DM is entitled to refuse any order placed by you.
c) You undertake that:
- 1. all details you provide to us for the purpose of purchasing goods or services offered on our website are correct and
- 2. the credit or debit card you use to make a purchase from us is your own or your company’s card, that you are authorised to use it, and that there are sufficient funds or credit facilities to cover the cost of any goods or services you order from us. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.
a) All prices are inclusive of VAT at the current rates and are correct at the time of entering information.
b) DM reserves the right to change prices without prior notice.
4. Delivery, Title and Risk
a) Any time or date stated for delivery is an estimate only. DM makes every effort to despatch goods on time, but does not accept liability for failure to deliver within the stated time
b) If DM is unable to deliver the goods within 30 days of the date of order, the Customer will, as its sole remedy, be entitled to cancel the order and require any monies paid to DM in respect of that order to be refunded. In order to cancel, the Customer must send written notice of cancellation to DM after the above date, but before delivery of the goods or notification from DM that the goods are ready for delivery.
c) DM does not accept liability for shortages or damage to deliveries unless the Customer notifies DM of the shortage or damage in writing within 7 days of receipt of the delivery.
d) The customer has to accept the goods when they are ready for delivery.
e) Delivery is deemed to take place when the goods are delivered to the Customer’s nominated address, whereupon the risk of loss, breakage and all damage and all other risks shall pass to the Customer.
f) Title in the goods does not pass to the Customer until payment is received in full by DM.
g) If the customer cannot accept delivery, DM may at its option:
- store and insure the goods at the Customer’s expense and risk or
- sell the goods at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the Customer for any shortfall or (3) re-arrange delivery provided that DM may charge the Customer for the additional delivery costs incurred.
a) Payment can be made by any major credit or debit card. Payment will be debited and cleared from your account before the despatch of your good(s) or provision of service to you.
b) You confirm that the credit/debit card that is being used is yours.
c) All credit/debit card holders are subject to validation checks and authorisation by the card issuer and we may share your personal information with such parties as are necessary to enable us to do such checks. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
6. Product Specifications
a) DM makes every effort to supply the goods as advertised but reserves the right to supply the goods subject to minor variations in actual dimensions, specifications and, in the case of bulk items, quantities without prior notice.
b) If DM cannot supply the goods ordered by the Customer, DM reserves the right to offer goods of equal or superior quality at no extra cost. In such a case, if the Customer does not wish to accept the alternative goods offered, he or she may cancel the order and require the refund of any money paid to DM in respect of that order. This shall be the sole remedy of the Customer in these circumstances.
7. Trade names and Trade Marks
a) Trade names and marks (other than DM ) are not always indications of the actual manufacturer of a particular product.
8. Warranties and Returns
a) DM is committed to providing our customers with the highest quality products and service. However, on rare occasions, products may be found to be faulty or defective. In such cases, we offer the returns facilities described below.
b) All goods supplied by DM are warranted to be generally free from defects in workmanship and materials and fit for the purpose for which such goods would normally be used. If you purchase goods in the course of your business, all other express or implied terms or warranties relating to the goods are excluded to the fullest extent permitted by law. Subject to this, however, goods are not tested or sold as being fit for any particular or for use under specific conditions, unless expressly agreed in writing. All services provided by DM will be provided with reasonable skill and care and within a reasonable period. If you purchase services in the course of your business, all other express or implied terms or warranties relating to the services are excluded to the fullest extent permitted by law.
c) Subject to the right of consumers to return goods for refund under The Consumer Protection (Distance Selling) Regulations 2000 DM does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before ordering.
d) In the event that DM, at its discretion (unless the Consumer Contracts Regulations apply), agrees to accept the return for credit of unwanted products, the goods must be returned within the guidelines of the Returns Policy.
9. DM's Liability
a) DM shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, (including (but not restricted to) loss of business or profits, loss of goodwill, damage to trading relationships, loss of data and other financial loss. (“Financial loss” in this sense does not refer to the price you have paid for the goods, which we may be liable to refund to you, in whole or in part, if the goods are faulty or do not comply with their description). DM's liability in respect of all other losses shall be limited to the invoiced amount of the relevant order, provided it has been paid. b) Nothing in this agreement shall limit DM's liability for death or personal injury caused by its negligence.
10. Health and Safety
a) In accordance with the Health and Safety at Work, etc Act 1974 and the Consumer Protection Act 1987, DM confirms that the goods it supplies as a distributor do not present a hazard to health and safety 1.when properly used for the purpose for which they are designed; and 2.if the Customer takes reasonable and normal precautions in their use.
11. Force Majeure
a) Where, in spite of its reasonable efforts, DM is unable to perform an obligation due to force majeure, it shall not be deemed to be in breach of its contract with the Customer.
12. The Consumer Contracts Regulations 2014
a) Contracts for the purchase of goods by a Customer not acting in the course of a business and made over the telephone or through the DM website, or by mail order, are, with the exception of certain excepted contracts, subject to The Consumer Contracts Regulations 2014 (“the Regulations”).
b) If the Regulations apply, Customers may cancel goods purchased from DM by sending a written notice of cancellation by post or hand delivery addressed to Customer Services at 2610 DC Ltd, Unit 15, The Vale Industrial Centre, Aylesbury, HP19 9EW or by e-mail to firstname.lastname@example.org or by raising a helpdesk ticket.
c) The notice of cancellation must be sent within 14 working days of the date of delivery after the goods are received.
d) The Customer will be responsible for the cost of returning the goods if he or she exercises this right of cancellation under the Regulations. If the Customer does not actually return the goods to DM, the Customer is under a duty to make the goods available for collection at the Customer’s expense from the address to which they were delivered.
e) The Customer is under a duty to retain possession of the goods whilst awaiting return to DM and to take reasonable care of them during this period. The Customer will be liable for any loss of or damage to the goods if he or she fails to comply with this obligation.
13. Errors and Omissions
a) DM makes every effort to ensure that all prices and descriptions quoted on its website are correct and accurate. However, the frenetic tempo of e-commerce makes it inevitable that mistakes will occasionally occur. In the case of a manifest error or omission, DM will be entitled to rescind the contract, notwithstanding that it has already accepted the Customer’s order and/or received payment from the Customer. DM's liability in that event will be limited to the return of any money the Customer has paid in respect of the order. In the case of a manifest error in relation to price, the Customer will be entitled to purchase the goods by paying the difference between the quoted price and the correct price, as confirmed in writing by DM after the manifest error has been discovered.
b) A ‘manifest error’, as the term is used in sub-paragraph a) above, means, in relation to an incorrect price, a price quoted in error by DM which is more than 10% less than the price that would have been quoted had the mistake not been made.
14. Rights Management Terms of Service
We love to see how you style your furniture, home accessories, fashion and accessories from DM, and so do our other customers. We regularly reach out to our customers to request additional rights to use our favourite images on our website, emails and on our social channels. We will credit you by including your social handle or byline. By responding to our request with #DMstyle or by tagging your photos with #drakeandmadison you are agreeing to the following: User Content You give DM permission to use your User Content as follows: you grant to DM and its affiliates a license to reproduce, display, perform, distribute, and otherwise use your User Content in connection with the Site and for other DM marketing purposes, including without limitation email and other customer communications, store materials and other marketing. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. Our license to your User Content is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights anywhere in the world. Finally, our license is perpetual, meaning that our license lasts for an indefinite period of time. Copyright and Intellectual Property Policy If you believe that a user of the Site has infringed on your intellectual property rights, or if we have taken down your materials due to suspicion of copyright infringement, and you would like to dispute the alleged infringement, please contact us.
a) Nothing in these terms and conditions affects your statutory rights as a consumer
b) If any provision in this agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.
c) Any waiver of a breach of this Agreement must be in writing
d) Any variation of this Agreement must be in writing and signed by a duly authorised DM official.
e) The headings are for convenience only and shall not affect the interpretation of this Agreement.
f) Any notices given under this Agreement shall be in writing and sent: 1. by first class pre-paid post to the last known address of the party; or 2. by e-mail to the last notified e-mail address of the party.
g) The notice shall be deemed served: 1. two working days after posting; or 2. upon receipt of a successful fax transmission report; or 3. after system confirmation of e-mail delivery
h) These terms and conditions shall be governed by and construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts
i) DM may, at its discretion, record telephone transactions for staff training and quality control purposes.
j) DM reserves the right to change or amend these terms and conditions at any time and without prior notice.