"The consumer's choice of spa filter . . ."

TRADE SHOP

terms-and-conditions-1

Terms and Conditions

WE MAY MAKE CHANGES TO THESE TERMS
 
We may revise these terms of use from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. 


INFORMATION ABOUT US
 
www.darllyfilters.co.uk and www.darllyeurope.com is/are a website operated by Darlly Europe Limited (Darlly) and Filters4Spas Limited (Filters4Spas)(“we, us, our”). We are a limited company registered in England and Wales under numbers 07588976n and 07062952 and. Our registered office is at 6a Heathfield Road Bushey, Hertfordshire WD23 2lJ. 

Our trading address is Unit 18 Cedar Court, Halesfield 17, Telford, TF74PF

Our VAT number is 979 7489 23.
 
THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
 
The following policies also apply to your use of our site:
 
Our Privacy Policy [click here to view], which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
Our Cookie Policy [click here to view], which sets out information about the cookies on our site.
Contracts for the supply of goods or information formed through our site or as a result of visits made by you will be made in accordance with our Standard Terms and Conditions for the Sale of Goods Online.
 
WE MAY MAKE CHANGES TO OUR SITE
 
We may update and change our site from time to time to reflect changes to our services, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.
 
WE MAY SUSPEND OR WITHDRAW OUR SITE
 
We do not guarantee that our site, or any content on it, will be free from errors or omissions or will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
 
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your Internet connection are aware of these terms, and that they comply with them.
 
 
HOW YOU MAY USE MATERIAL ON OUR SITE
 
We are the owner or the licensee of all intellectual property rights on our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
 
With our prior approval you may print off one copy and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
 
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
 
Our status as the authors of material on our site must always be acknowledged.
 
You must not use any part of the materials on our site for commercial purposes without obtaining our prior written approval.
 
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
 
No part if this site or any content on it may be reproduced or stored in any form or media without our prior written consent.​
 
DO NOT RELY ON INFORMATION IN THIS SITE
 
The content on our site is for general information only. Commentary and other materials posted on our site are not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content of our site.
 
Although we make reasonable efforts to update information on our site, we make no representations, warranties or guarantee, whether express or implied, that the content on our site is accurate, complete or up to date. 
 
YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
 
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
 
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
 
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@darllyeurope.com.
 
WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
 
You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material, which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack.
 
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
 
We do not guarantee that our site will be secure or free from bugs or viruses.
 
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software 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 our site or to your downloading of any material posted on it, or on any website linked to it.
 
WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
 
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
 
USER-GENERATED CONTENT IS NOT APPROVED BY US
 
This website may include information and materials uploaded by other users of the site, including bulletin boards and or blogs. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
 
If you wish to complain about information and materials uploaded by other users please contact us on info@darllyeurope.com.
 
RULES ABOUT LINKING TO OUR SITE
 
You may link to our site, 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.
 
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
 
We reserve the right to withdraw linking permission without notice.
 
The website from which you are linking must comply in all respects with the content standards set out below in under heading ‘Acceptable Use’.
 
If you wish to make any use of material on our site other than that set out above, please address your request to info@darllyeurope.com.
 
ACCEPTABLE USE OF OUR WEBSITE
 
The following terms apply to all users of, and visitors to our site. Your use of our site means that you accept, and agree to abide by, all the provisions hereunder.
 
You may use our site only for lawful purposes. 
You may not use our site:
in any way that breaches any applicable local, national or international law or regulation;
in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
to send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards in clause 14 below;
to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; or
to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these terms of website use.
You also agree not to access without authority, interfere with, damage or disrupt:
 
any part of our site;
any equipment or network on which our site is stored;
any software used in the provision of our site; or
any equipment or network or software owned or used by any third party.
Interactive services
 
We may from time to time provide interactive services on our site, including, without limitation blogs, bulletin boards (“interactive services”).
 
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
 
We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
 
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
 
Content standards
 
These content standards apply to any and all material, which you contribute to our site (“contributions”), and to any interactive services associated with it.
 
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
 
Contributions must be accurate (where they state facts), be genuinely held (where they state opinion), and comply with applicable law in the UK and in any country from which they are posted.
 
Contributions must not:
 
contain any material which is defamatory of any person;
contain any material which is obscene, offensive, hateful or inflammatory;
promote sexually explicit material;
promote violence;
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
infringe any copyright, database right or trade mark of any other person;
be likely to deceive any person;
be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
promote any illegal activity;
be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
be likely to harass, upset, embarrass, alarm or annoy any other person;
be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
give the impression that they emanate from us, if this is not the case;
advocate, promote, incite any party to commit or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducements to the commission, preparation or instigation of acts of terrorism;
contain any advertising or promote any services or web links to other sites.
 
Suspension and termination
 
We will determine, in our discretion, whether there has been a breach of this ‘Acceptable Use’ clause or content standards through your use of our site. When a breach of the same has occurred, we may take such action as we deem appropriate.
 
Failure to comply with this ‘Acceptable Use’ clause or content standards constitutes a material breach of the terms upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
 
immediate, temporary or permanent withdrawal of your right to use our site;
immediate, temporary or permanent removal of any contribution, posting or material uploaded by you to our site;
issue of a warning to you;
legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
further legal action against you; and/or
disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for all action we may take in response to breaches of this ‘Acceptable Use’ clause. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
 
UPLOADING CONTENT TO OUR SITE
 
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in the ‘Acceptable Use’ clause above.
 
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
 
Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties.
 
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
 
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in the ‘Acceptable Use’ clause above. 
 
You are solely responsible for securing and backing up your content.
 
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU


We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury arising from our negligence, or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.  
 
To the extent permitted by law, we, and third parties connected to us expressly exclude all implied conditions, warranties, representations and other terms which may apply to our site or content on it.
 
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
 
use of, or inability to use our site; or
results of the use of our site;
use of or reliance on any websites linked to it or any content displayed on our site.
In particular, we will not be liable for:
 
loss of income, profits, sales, contracts, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation;
loss of data;
wasted management or office time; or
any indirect or consequential loss or damage.
 
WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES
 
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
 
These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. 

PAYMENT
Subject to any special terms agreed in writing between the Company and the Customer, payment for the goods shall be made in advance with order, and delivery shall not be made until payment has been received in full by the Company. Where the goods are being collected from our Warehouse/s payment must be received three clear working days prior to collection.
Any grant of credit must be agreed in advance by the Company. Full payment is then due within 14 calendar days from the invoice date.
The Company has the right to withdraw credit at any time without any notice to the Customer in which case all amounts due to the Company from the Customer shall become immediately due and payable.
The time of payment shall be of the essence of the contract. In the event of default in payment by the due date the Company reserves the right (without prejudice to any other right or remedy available to it) to charge interest (both before and after any judgement) on all amounts overdue at the rate of 8% per annum, this rate may increase from time to time without notice, calculated on a daily basis until payment in full is made. In addition to interest, the Company reserves the right to charge an amount to compensate for the costs of collecting late payments. 
 
If the Customer defaults in any of its commitments to the Company or suffers any distress or execution upon its property or makes or offers to make any arrangement or composition with its creditors or has an interim order made against Insolvency, or if a receiver or administrator is appointed over all or part of its assets or a resolution or petition to wind-up its business or appoint an administrator is passed or presented, or if a Customer who is a natural person dies or becomes bankrupt, then the Company shall be entitled (without prejudice to the exercise of any other right or remedy available to it) to immediate payment of all sums then or thereafter due to the Company in respect of goods delivered to the Customer
 
TITLE TO THE GOODS
 
     Notwithstanding delivery and the passing of risk in the goods, or any other provision of these conditions, title in the goods remains vested in the Company and shall only pass from the Company to the Customer upon full payment being made by the Customer of all sums due, on whatever account or grounds to the Company. In the event of goods being sold by the Customer in such a manner as to pass to a third party a valid title to the goods, whilst any such sums are due to the Company, the Company’s right under this Condition shall attach to such part of the proceeds of sales as is equivalent to the sums due to the Company and the Customer shall place the relevant part of the proceeds of sale in a separate account.
 
Until such time as title to the goods passes to the Customer, the Customer shall hold the goods as the Company’s fiduciary agent and bailee and shall keep the goods separate from those of the Customer and third parties and properly stored, protected and insured and identified as Company’s property. Until that time, the Customer shall be entitled to resell or use the goods in the ordinary course of its business, but shall account to the Company for the proceeds of sale or otherwise of the goods, including insurance proceeds, and shall keep all such proceeds separate from any monies or property of the Customer and third parties proceeds shall be properly stored, protected and insured.
 
     Until such time as title to the goods passes to the Customer (and provided the goods are still in existence and have not been resold) the Company shall be entitled at any time to require the Customer to deliver up the goods to the Company and, if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party where the goods are stored and repossess the goods.
 
The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness the goods which remain the property of the Company, but if the Customer does so all monies owing by the Customer to the Company shall (without prejudice to any other rights or remedies of the Company) become immediately due and payable.
 
The Customer shall inform any sub-purchaser that the goods are sold subject to retention of title clause and impose a clause in similar terms to the sub-purchaser providing the same rights as in this clause. The Customer accepts the right of the Company to receive payment for the goods direct from the sub-purchaser.
 
FORCE MAJEURE
 
The Company shall not be liable for any loss or damage arising from delay in production or delivery of any goods or failure to fulfil any of its other obligations to the extent that such delay or failure is caused wholly or in part by fire, strikes, lock outs, dispute with workmen, flood, accidents, delay in transport, default of supplier, or demand of any government department or local authority as a consequence of war or hostilities (whether declared or not), or force majeure, or by Act of God, or by any other matter or thing beyond the Company’s reasonable control. If any such delay or failure occurs then the period for the Company to perform its obligation shall be extended by such period as the Company may reasonably require.

  1. WARRANTIES AND LIABILITY

 

  1. Subject as provided below, the Company warrants the goods to be of satisfactory quality and that they will be free of defects in materials and workmanship for a period of one year from the date of sale of the goods by the Company. During such period subject to payment of all amounts due from the Customer for the goods having been made in full, the Company will at its discretion repair or replace free of charge goods manufactured by it which fail to perform satisfactorily during the warranty period due to defects in manufacture or materials or refund to the Customer the invoiced value (or part thereof) of the defective goods. If the goods are damaged or abused in any way during the warranty period the warranty shall lapse
  1. The Company does not accept responsibility for any loss or damage as a result of:-

 The goods having been installed or serviced defectively

The goods having been adapted for use or otherwise used in a way which does not conform to the recommendations of the Company.

  1. In the event of any warranty claim, the Company may elect either to request the return of the goods or to inspect the goods at the place of installation. If the goods returned to the Company are found to be defective, the Company shall at its option reimburse to the Customer the cost of returning the goods to the Company. Goods may only be returned to the Company following prior authorisation by the Company. The Company’s maximum aggregate financial liability shall be capped at the values of the goods returned and accepted by the Company as being defective, no other costs or compensation whatsoever shall be accepted by the Company.
  1. Except as expressly stated in these conditions, all conditions and warranties, express or implied, statutory or otherwise shall be excluded to the fullest extent that the law permits.
 
  1. In no circumstances whatsoever shall the Company, its employees, agents or subcontractors be liable for any special, indirect or consequential loss or damage or loss of profit or other economic loss resulting from the Company’s performance or failure to perform hereunder or the use of any goods sold pursuant to these Conditions. Without prejudice to the foregoing, the Company cannot accept any liability for any expenses or losses incurred as a result of any interruptions in the use of the goods
  1. No liability shall attach to the Company, its agents or employees in respect of any representation or statement made, whether before or after agreement is reached, unless confirmed in writing by the Company. No forbearance or indulgence by the Company in enforcing any terms of these Conditions shall constitute a variation of it or a waiver of the Company’s rights under it.
 
  1. Except in the case of death or personal injury caused by the Company’s negligence, the maximum liability of the Company under or in connection with each contract to which these Conditions apply shall not exceed the price of the goods supplied under that contract.
  2. Items can be returned within 30 days of receipt of delivery. Once the item is received, it takes one business days for the refund to be processed and 3-5 business days for the refund amount to show up in your account.

  3. If you return a defective, damaged or incorrect item, you’ll be refunded the full postage cost, once your return is processed.

  1. RETURNS AND REFUNDS

  1. Items can be returned within 30 days of receipt of delivery. Once the item is received, it takes one business days for the refund to be processed and 3-5 business days for the refund amount to show up in your account.

    If you return a defective, damaged or incorrect item, you’ll be refunded the full postage cost, once your return is processed.

  2. YOUR CONCERNS

If you have any concerns about material which appears on our site, please info@darllyeurope.com
 
Thank you for visiting our site.