Terms & Conditions
GENERAL TERMS AND CONDITIONS
These terms apply to products ordered via the Internet, DAKS mobile phone app and/or over the phone.
1.Seller
The Seller is DAKS Simpson Limited ('DAKS'). Registered in England and Wales at Companies House No. 02508094. Registered Office 20 Baltic Street London EC1Y 0UL.
2.Order process
2.1 Our display of products on our website is an invitation and not an offer to sell those products to you. An offer is made when you place the order for your products. However, we will not have made a contract with you unless and until we accept your offer.
2.2 We take payment from your card, when we process your order and have checked your card details. Products are subject to availability. If we are unable to supply the products, we will inform you of this as soon as possible. A full refund will be given if you have already paid for the products.
2.3 If you enter a correct e-mail address we will send you an order acknowledgement e-mail and order update e-mail(s). These are not order confirmation or order acceptance from us. Unless we have notified you that we do not accept your order or you have cancelled it, order acceptance and the creation of the contract between you and us will take place at the point the products you have ordered are dispatched to be delivered to the address you have given us. It does not take place until that stage, even though we may have debited your card or we have sent acknowledging e-mails. The contract will be formed at the place of dispatch of the products.
2.4 If you have attempted to place an order online and are unsure that it has been successful, please allow up to 30 minutes, then check your email inbox for confirmation. If you did not receive a conformation email, please don't hesitate to contact us at enquiries@daks.com.
2.5 If the order is yet to be dispatched, you can make changes to your order. If your order has however already been dispatched, please email us at enquiries@daks.com for further information.
3.Payment
3.1 Payment may be made by Visa, Mastercard or Amex.
3.2 You will be charged the current price for buying products from our website at the date you place your order. All prices are displayed on our website and are inclusive of VAT (where applicable). We reserve the right to amend prices if there is a change in the rate of VAT or other taxes including international taxes. For deliveries to the EU, this price includes VAT (or VAT equivalent) at the current rate. Although this price is the same for deliveries outside the EU, where VAT (or VAT equivalent) may not be applicable, customers are not entitled to any discount or refund to account for the differences in tax treatment and will pay the same price for the item as a customer placing an order for delivery to the EU. Other components of the total price at the checkout, including delivery charge, may vary for each customer. You should also note that deliveries outside the UK may be subject to import duties and taxes (including VAT) which are levied once a delivery reaches your destination country. Any such additional charges are outside our control and must be borne by you. As customs policies and practices vary widely from country to country, we recommend that you contact your local customs office for further information before placing your order.
3.3 A delivery charge will be applied at checkout.
3.4 We do our best to make sure that prices are correctly shown but very occasionally an error may occur. If this should happen, we will correct the price and ask you to confirm whether you still wish to purchase the products at the correct price. If we are unable to contact you, we will treat the order as cancelled. We will not accept an order if there is a pricing error.
4.Delivery
4.1 We deliver to any UK address. We also offer international delivery except to China, Hong Kong, Japan, South Korea and Singapore. For all UK orders delivery is normally 1- 2 working days, for European orders usually 1 week and for other international orders between 1- 2 weeks.
4.2 Orders may generally require a signature to acknowledge delivery. The signature of the person accepting delivery at the delivery address will be proof that delivery has been received by you or the person, to whom the order is addressed. If no one is available to accept the delivery you should receive a card to advice that a delivery has been attempted. and that the product(s) have [either been left with a neighbour or returned to us.
4.3 We shall have no liability to you in respect of any delay or failure to deliver a product due to circumstances beyond our reasonable control, including (without limitation) delay or failure caused by adverse weather, strikes or transport problems.
5. Cancellation
If, for any reason, you wish to do so you have the right to cancel any order you have placed (other than in respect of products made to your specification or clearly personalised). You may cancel an order at any point from placing the order up to fourteen (14) calendar days, from the day after delivery of the product(s) to you. This is in line with the Consumer Contracts Regulations 2013. We are unable to cancel an order once your payment has been processed.
6.Returns and Exchanges
6.1 All full price DAKS products can be returned to us for a refund or exchange within 30 days after the purchase date, with all sale items within 14 days. The product/s must have been purchased from DAKS.com and must be returned in their original condition (with labels still in place and unworn). To place a return, you will find a returns sheet enclosed within your package with all relevant details outlined to do so.
6.2 For orders placed in UK there is a simple procedure to follow in order to arrange a free of charge collection from home (instructions enclosed inside the package); for all orders placed outside the UK, the customer will bear the cost of shipping the parcel back to the UK which will be deducted from the refund amount, unless the products were faulty.
6.3 You can return the products of your own accord, although it will be easier for us to monitor and track using our regular courier services. If you wish to track your return please send an email to enquires@daks.com and we will provide you the tracking number as soon as possible.
7.Sale Policy
7.1. If you have recently placed an order before our sale, unfortunately, if the order was placed before the sale date, the item/s will still be charged at full price.
7.2 You can still use a valid discount code within the first two weeks of sale. You can obtain a discount code by signing up to our weekly newsletter and you will receive 10% off your first order as a new DAKS customer. We will then notify you about any other future promotional activities.
7.3 Certain items do not go on sale during the sale season, these items remain marked at full price, while sale items will show a price reduction that will appeared as 'discounted' in your shopping cart.
7.4. If your discount code is not working, please don't hesitate to get in touch with us at enquiries@daks.com and we will resolve the issue as soon as possible.
8. General
8.1 All measurements are approximate. The reproduction of colours is as accurate as the photographic and production process will reasonably allow.
8.2 All risk in the products we supply to you, in particular the risk of any loss or damage, shall pass to you on delivery of the products to the address you specify in your order. Ownership of the products shall not pass to you until we have received payment in full in respect of such products.
8.3 We shall not be liable for any indirect losses you may suffer, including any loss of profit, income or anticipated savings as a result of our failure to comply with these terms or our negligence. Save that our liability in respect of any death or personal injury caused by our negligence shall not in any way be restricted.
8.4 These terms, constitute the entire terms on which we will provide products to you and cancel and supersedes all prior arrangements and representations, whether verbal or written.
8.5 We may amend these terms from time to time at our discretion without notice to you. Any amends will be posted on this website and will supersede any terms and conditions previously published by us.
8.6 No delay or failure by ourselves in exercising or enforcing any of our rights or remedies under these terms shall operate as a waiver of those rights.
8.7 If any one or more of the provisions of these terms should be held by any court to be unenforceable, such provision shall be validly restated to as nearly as possible approximate the intent of the clause and, if such clause cannot be restated for any reason, shall be severable from these terms and deleted.
8.8 You may not assign or sub-contract any of your rights or obligations under these terms to any person without our prior written consent. No third party shall be entitled to enforce any of these terms whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
8.9 All matters concerning and incidental to any offer or agreement for the purchase and sale of products from our website shall be in English and construed and governed according to English law and the English courts shall have exclusive jurisdiction in all such matters.
8.10 In the unlikely event that you need to make a complaint please email us at enquires@daks.com with the subject “Complaint” in the email and we will reply, or you can write to us at DAKS Simpson Limited, 20 Baltic Street London EC1& 0UL.
THESE TERMS AND CONDITIONS DO NOT IN ANY WAY AFFECT YOUR STATUTORY RIGHTS.