Terms & Conditions
In these Terms and Conditions, the words and expressions below have the following meanings:
- ‘Conditions’ means these terms and conditions.
- ‘Distance Communication’ means purchases made exclusively via telephone, fax, e-mail, mail order and/or on the Department Store for the Mind website
- ‘Product(s)’ means any Department Store for the Mind product(s).
- ‘we’, ‘us’, ‘our’ means Department Store for the Mind
- 'you’, ‘your’ means the customer.
Your order becomes binding as soon as we have accepted it. All orders are subject to availability. You are responsible for checking and confirming that you are satisfied that all details and aspects of your order are correct. We reserve the right to refuse to supply any individual or company.
The Website is an official website of Department Store for the Mind Limited and the copyright and the database rights are owned by Department Store for the Mind Limited. The Website and all intellectual property rights (including but not limited to rights in the website as a database) in its text, design, graphics, and the selection, organisation and arrangement thereof, together with the Department Store for the Mind trademark and all other trademarks, logos and trade names depicted on the Website belong to Department Store for the Mind Limited.
LIMITED LICENSE AND RESTRICTIONS
You acknowledge and agree that the material and content contained on the Website is made available to you for your personal and non-commercial use and that you may only download such material and content for the purpose of using the Website to a single personal computer. Furthermore you acknowledge and agree that any other use of the material and content of the Website is strictly prohibited and you agree that it is strictly prohibited to (or to assist or facilitate any third party to) copy, reproduce, transmit, modify, publish, display, distribute, commercially exploit or create derivative works of material and/or content from the Website without our written permission and is a violation of our intellectual property rights.
BASIS OF SALE
All orders that you place on the Website will be subject to acceptance in accordance with these terms and conditions.
The following is required to create a contract between you and us:
Please follow the simple onscreen instructions taking you through the process of placing an order on the website. You place the order for your products by pressing " Checkout" on the "Review Your Order page", and in doing so you offer to buy the Goods at the prices indicated as well as any applicable delivery charges.
An order acknowledgement email will be sent to you detailing the products you have ordered. Please note that this email is merely an acknowledgement of your order and not an acceptance or confirmation of your order by Department Store for the Mind.
The acceptance of your order and the completion of the contract between you and us will take place on dispatch of the products unless we have notified you that we do not accept your order or you have cancelled it. Once we have accepted your order it becomes binding, subject to your rights of cancellation. Non-acceptance of an order by us will occur if: the ordered product is out of stock or unavailable; we identify a pricing or product description error; or we are unable to obtain authorisation for your payment.
We reserve the right to withdraw any Products from this Website at any time and/or remove or edit any materials or content on this Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any Product from this Website whether or not that Product has been sold; removing or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
To be eligible to purchase Products on this Website and lawfully enter into and form contracts on this Website under English law you must register by providing your real name, phone number, email address, payment details and other requested information; provide a valid delivery address in the United Kingdom; (Please note that PO box numbers, hotels and temporary accommodation addresses are not acceptable); and a valid credit or debit card issued by a bank acceptable to us.
CANCELLATIONS AND RETURNS
When returning Products, please return them to us by one of the following methods together with proof of purchase (a receipt or dispatch note).
We ask that you take reasonable care when handling the Products and return the Products unopened, unused and in their original packaging, where possible.
On delivery, please check the Products carefully for any possible defects.
If you believe that any of our Products may be defective or of unsatisfactory quality, please notify at firstname.lastname@example.org as soon as possible, where possible, or within a reasonable time.
We ask that you take reasonable care of the Products while your claim is being investigated. Please do not return any Products which you believe may be defective before contacting us*.
If the Products are confirmed defective or mis-described, we will reimburse you for reasonable return postage costs.
If all Products confirmed defective constitute the entire order or if all Products were faulty or damaged, the original delivery charge will be reimbursed.
RISK OF DAMAGE IN TRANSIT AND PROPERTY
We carry the risk of loss or damage to the Products until you receive them. The Products will belong to you when you have received them and have paid us in full. Until payment has been made in full we may ask you to return the Products to us at any time. If you return the Products to us for any reason, they will become our property and be at our risk from the time we receive them.
Prices include VAT and exclude delivery charges unless otherwise stated.
All prices are correct at time of entering but may change due to inadvertent administrative errors or circumstances beyond our control, such as any variations to the rate of VAT.
You may pay using Visa, MasterCard, Switch, American Express and Paypal. You confirm that the credit, debit or store card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery. All card payments are processed for you by our credit card acquirers for a 1.5% fee included in the cost of your purchase. The balance is paid to Department Store for the Mind Limited. The total amount you pay is the same regardless of the payment method.
We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was uploaded onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy. Please note that in the event that an error is identified non-acceptance of an order by us may occur, subject to your statutory rights.
Unless specifically provided, we make no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from us and that we have no control over the content or availability of that website. In addition, a link to any other site does not mean that we endorse or accept any responsibility for the content, or the use of, such a website and shall not be liable for any loss, damage or offence caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
AMENDMENTS TO THESE TERMS & CONDITIONS
We reserve the right to amend these terms and conditions at any time. Any such amendments will take effect when posted on the Website and it is your responsibility to read the terms and conditions on each occasion you use the Website and your continued use of the Website shall signify your acceptance to be bound by the latest terms and conditions.
You recognise and agree that all copyright, database rights, trademarks and all other intellectual property rights in all material and/or content of this Website is owned by Department Store for the Mind or our licensors and shall remain at all times vested in us or our licensors as expressly authorized by us or our licensors.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
LIABILITY AND WARRANTIES
Nothing in the terms and conditions in any way limits our liability for death or personal injury caused by our negligence or by fraud.
We shall not be liable for any economic losses (including without limitation loss of profits, revenue, business, contracts, management time, data or anticipated savings) nor for any loss of goodwill or reputation nor for any indirect loss whether arising in contract or tort (including negligence) or pre-contractual or other representations (except for fraudulent or negligent misrepresentation) or otherwise even if advised of the probability of such damage or where it was foreseeable. Except in the event of death or personal injury, in no event shall our liability under these terms and conditions exceed the amount paid or payable by you for the Products or Goods. This does not affect your statutory rights as a consumer, nor does it affect your rights of cancellation.
We shall take all reasonable precautions to keep the details of your order and payment secure, except where we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
DATA PROTECTION AND PRIVACY
In addition to allowing us to check your creditworthiness and process your orders, the personal data you submit, and our records of your visits to the Site, will be used to monitor and improve our service to you, and for marketing purposes. We may send you, brochures, leaflets and catalogues displaying our products and services.
We will respect the privacy of your personal data, and will comply with all relevant and current data protection legislation. We will not disclose your personal data to anyone, unless required to do so by a court of competent jurisdiction.
If you wish to update or delete your personal information, or if you prefer that we do not email you to tell you of promotional offers, please contact us.
To proceed with your order, we have to process and store your data, and provide your data to third parties who are directly involved with your order, e.g. our carriers. By placing an order with us, you agree to your data being processed by Department Store for the Mind Limited. If you do not wish to receive information about Department Store for the Mind Products and services, please contact us at email@example.com.
The purchase area of our site is fully secure. We utilise industry standard SSL technology (Secure Sockets Layer) to guarantee a safe and secure shopping environment. All sensitive information such as credit card details, names and addresses are encrypted. This means that information passed between your computer and our web site cannot be read even in the event it is intercepted by someone else.
RISK AND TITLE
No order is binding on you or Department Store for the Mind until we have accepted it. All title and ownership to the ordered Goods will pass to you from the moment they are dispatched by us to the postal service, or to our carriers, or on payment in full by you of the price of the Goods and any delivery charge (if applicable); and risk will pass on delivery.
You confirm that, in agreeing to accept these terms and conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these terms and conditions and you agree that you shall have no remedy in respect of any representation.
If any provision contained in these terms and conditions is considered by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not effect the other terms and conditions which shall remain in full force and effect.
You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party without our written consent. We reserve the right to transfer, assign, novate or subcontract any of our rights or obligations under these terms and conditions or any related contract to any third party.
A failure by us to exercise or enforce any right conferred upon us by these terms and conditions shall not be deemed to be a waiver of such right or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
DEALING AS A BUSINESS
These terms and conditions only apply if you are dealing with us as a consumer. If you wish to trade with us in the course of your business, please refer to our trade terms and conditions stated on our trade application forms. Please contact Customer Services for further details.
The laws of England and Wales govern these Conditions and all disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.
DEPARTMENT STORE FOR THE MIND STAFF
Our staff have a right to work in a non-threatening environment, we reserve the right to refuse any sale of Products, services or contact with any person who displays verbal, physical and/or threatening behaviour towards our staff.