TERMS AND CONDITIONS OF SALE
This website is operated by Williamson-Dickie Europe Ltd, we are a company registered in England under company number 01757853 and our VAT number is 543 3724 51.
REGISTERED OFFICE: Williamson-Dickie Europe Ltd, Second Avenue, Westfield Trading Estate, Midsomer Norton, Radstock, BA3 4BH, GB.
These are the legal terms and conditions (Terms) under which we sell the clothing, accessories and footwear listed on our website (Products) to you and will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure you understand them before you submit your order to us.
We offer Products on our website for purchase by consumer customers only. If you are a business or trade customer and wish to purchase any Products, please contact us using the contact details set out in clause 3.1 before placing any order.
TERMS AND CONDITIONS OF SALE FOR CONSUMER CUSTOMERS
1 Use of our website
1.1 Your use of our website is governed by applicable law and our Terms of Website Use. Please take the time to read these before using our website, as they include important terms which apply to you. You are responsible for making all arrangements necessary for you to have access to our website.
2 How we use your personal information
3 Communications between you and us
3.1 You can contact us by telephoning us at +44 1761 231454, by writing to us at firstname.lastname@example.org or at Williamson-Dickie Europe Ltd, Second Avenue, Westfield Trading Estate, Midsomer Norton, BA3 4BH, GB, by using the live chat function on our website or by completing the Contact Form on our website.
3.2 If we have to contact you, we will do so by telephone or in writing, using the contact details you provided to us in your order, unless you have asked us to contact you by any other means.
3.3 When we refer in these Terms to “in writing”, this will include e-mail.
3.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
4 Our Products
4.1 The images of the Products on our website and in our other advertising materials are for illustrative purposes only. Your Products may vary slightly from those images. Although we have made every effort to display and print the colours of the Products accurately, we cannot guarantee that your computer's display of the pictures, or the pictures in our other advertising materials, accurately reflect the colours, finish or size of the Products that will be delivered to you.
5 Our Contract with you
5.1 You may only purchase Products from us if you have legal capacity under the law in your jurisdiction to enter into a binding contract (for example, in the UK you must be at least 18 years old).
5.2 All orders placed are subject to these Terms and the details of your order that we notified to you during the order process. Before submitting an order, you will be required to confirm your acceptance of these Terms. If you refuse to accept these Terms, you will not be able to order any Products from us.
5.3 Our acceptance of your order will take place when we e-mail you to accept it, at which point a Contract will come into existence between you and us.
5.4 If we are unable to accept your order, we will inform you of this and will not process your order. This might be because a Product is out of stock, because we have identified an error in the price or description of a Product or because we are unable to meet a delivery deadline you have requested. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
5.5 These Terms, and any Contract between us, are only in the English language. Please note that we may not necessarily keep a copy of these Terms or your order.
6 Changes to the Product
6.1 We may make minor changes to a Product to reflect changes in relevant laws and regulatory requirements. If we have to make any significant changes to any Product you have ordered, we will notify you and you may choose to continue with or cancel your Contract in respect of the affected Product(s).
7.1 The prices of the Products (including for any samples) will be the prices that we notified to you during the order process. We take all reasonable care to ensure that the prices of the Products advised to you are correct. However please see clause 8.4 for what happens if we discover an error in the price of any Product you order.
7.2 All prices are shown in British pounds sterling or the Euro (depending on the country of purchase). The price of a Product is stated inclusive of VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
7.3 Prices for our Products may change from time to time, but changes will not affect any order you have already placed and that we have accepted (subject to clause 7.2).
7.4 It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced, so that if we discover before dispatch of the Products that:
(a) the Product’s correct price at your order date is less than the price we stated when you placed your order, we will refund to you the difference between the amount paid by you and the correct price of the Product; or
(b) the Product’s correct price at your order date is higher than the price we stated when you placed your order, we will contact you as soon as possible to inform you of this error. If we accept and process your order where such a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract and refund you any sums you have paid.
8.5 If you wish to apply a voucher code to your order, please provide the code during the order process. Please note the following rules apply to the use of promotional voucher codes (Codes):
(a) only one Code can be used per order;
(b) Codes cannot be used in conjunction with any other discount. If you attempt to use a Code where a discount is also available, we will automatically apply the offer which provides the greatest discount to you;
(c) Codes cannot be used in respect of purchases of Made to Order Products;
(d) additional terms and conditions may apply in respect of the use of Codes; and
(e) we reserve the right to withdraw, deactivate or otherwise terminate any Code at any time without reason and/or notice (although termination of a Code will not affect Contracts formed prior to such termination); and
(f) we reserve the right to decline to accept any Code that is invalid for the order placed or that has expired or has been terminated.
8.1 We accept payment by the following methods:
(a) for orders placed through our website: debit card and credit card (through Sagepay or Paypal);
(b) for all other orders: bank transfer, cheque or debit or credit card.
For payment by debit or credit card, we accept American Express, Visa, Mastercard, Delta and Maestro cards.
8.2 If you place your order through our website, you must pay for the Products (including all applicable delivery charges) during the order process, and we will charge the card you have chosen to use to pay for your order immediately after you place your order on our website.
8.3 If you place your order by any other means, we must receive payment for the Products (including all applicable delivery charges) within 30 days of the date of our quotation. We will not accept your order and a Contract will not be formed in accordance with clause 5.6 until after we have received your payment in full in cleared funds.
9.1 The costs of delivery will be as set out in the Delivery page or as otherwise notified to you during the order process. Please check and ensure that you select the correct method of delivery for your order.
9.2 Standard estimated times for delivery (stated from the date of despatch) for each method of delivery are set out on our Delivery page and we will send you an e-mail to confirm the estimated delivery date for your Products upon despatch. We will deliver the Products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
9.3 All Products are delivered by DPD or Royal Mail, and deliveries sent by DPD must be signed for. If no one is available at your address to take delivery and the Products cannot be posted through your letterbox or a signature is required to accept delivery, our couriers are instructed to leave you a note informing you of how to rearrange delivery or collect the products from a local depot or pickup facility.
9.4 If after a failed delivery to you, you do not re-arrange delivery or collect your Products from the delivery depot where they are being held, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the Contract and clause 14 will apply.
9.5 Please let us know immediately (using the contact details set out in clause 3.1) if you believe any Products are missing from a delivery, or if you have not received a delivery (or a notice of failed delivery) by the estimated date we have notified to you.
9.6 Delivery of your order shall be complete when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
9.7 You own the Products once we have received payment in full.
10 International delivery
10.1 We deliver to the countries set out in the Delivery page on our website.
10.2 If you order Products from us for delivery to a destination outside the UK:
(a) your order may be subject to import duties and taxes which are applied when it reaches the delivery destination. Please note that we have no control over these charges and we cannot predict their amount. You will be solely responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order. We will not be liable or responsible if you do not pay any such import duties or taxes;
(b) you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law; and
(c) if you return any Products to us from a destination outside the UK, you must ensure that the return parcel is marked clearly with the wording “Return to supplier” or wording having similar effect.
11 Your right to cancel the Contract
11.1 If you are a consumer and reside in the European Economic Area, you have a legal right to cancel your Contract within 14 days after you receive (or someone you nominate receives) the Products if you change your mind, subject to the exceptions set out in clause 11.4. Advice about this legal right to cancel the Contract is available from your local Citizens' Advice Bureau, Trading Standards office or equivalent consumer protection organisation in your jurisdiction.
11.2 To cancel a Contract under clause 11.1, you just need to let us know that you have decided to cancel, within the timescale set out in clause 11.1. The easiest way to inform us of your decision to cancel your Contract is by:
(a) e-mailing us at email@example.com;
(b) writing to us at Williamson-Dickie Europe Ltd, Second Avenue, Westfield Trading Estate, Midsomer Norton, BA3 4BH; or
(c) calling us at +44 1761 231454.
If you are e-mailing or writing to us, please include details of your order to help us identify it.
11.3 In addition to your rights set out in clause 11.1 above, Dickies offers a goodwill returns policy to all consumer customers. Under this goodwill returns policy, subject to the exception set out in clause 11.4, you can return the Products and request a refund within 30 days after delivery of the Products by notifying us using the contact details set out in clause 11.2.
11.4 The cancellation rights and rights of return provided for in clauses 11.1 and 11.3 do not apply to Contracts for Made to Order Products.
11.5 If you cancel your Contract under clause 11.1 or return any Products under clause 11.3 after the Products have been dispatched to you or you have received the Products, then you must return them to us without undue delay and in any event within 14 days after the day on which you let us know that you wish to cancel the Contract or return the Products. Please see our Returns page for instructions on how to return Products to us. Unless the Products are faulty or not as described (in this case see clause 12), you will be responsible for the cost of returning the Products to us (although if you are a customer in the UK (excluding certain remote areas) you may be able to return your Products to us without incurring any postage costs, as further set out on our Returns page.
11.6 If you cancel your Contract under clause 11.1 we will:
(a) refund you the price you paid for the Products. However, please note that we are permitted by applicable law to reduce your refund to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. Any returned Products must be returned in their original packaging (if applicable) and with all tags and labels attached and in tact. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount; and
(b) refund any charges you have paid for delivery of the Products to you, although, as permitted by law, the maximum refund for delivery costs will be the least expensive delivery method we offer to your delivery destination; and
(c) make any refunds due to you:
(i) 14 days after you inform us of your decision to cancel the Contract, if you have not received any of the Products; or
(ii) 14 days after the day on which we receive the Products back from you or, if earlier, the day on which you provide us with evidence that you have sent the Products back to us, if you have received any of the Products.
11.7 If you return Products under our goodwill returns policy set out in clause 11.3 we will refund you the price you paid for the Products, provided that all Products which have been dispatched to you are returned to us in their original packaging (if applicable), unworn and with all tags and labels attached and in tact within the deadline set out in clause 11.5. If you choose to return Products after they have been dispatched, we will not make any refund due to you until we have received all the Products back from you in satisfactory condition in accordance with this clause 11.7.
11.7 Any refund will be paid by the method you used for payment.
12 Faulty or mis-described Products
12.1 We are under a legal duty to supply Products that are in conformity with the Contract and these Terms.
12.2 If you consider that any Product we have supplied is faulty or mis-described, please notify us using the contact details set out in clause 3.1. You must return such Products to us in accordance with our Returns page and our other reasonable instructions, and if the Products are faulty or mis-described we will refund the price of the Products in full, together with any applicable delivery charges, and the reasonable costs you incur in returning the Products to us.
12.3 Advice about your legal rights is available from your local Citizens' Advice Bureau, Trading Standards office or equivalent consumer protection organisation in your jurisdiction.
13 Our rights to end the Contract
13.1 We may end the Contract at any time by writing to you:
(a) if you do not make any payment to us when it is due and you still do not make payment within seven days of us reminding you that payment is due;
(b) if you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products;
(c) if you do not, within a reasonable time, allow us to deliver the Products to you; or
(d) in the circumstances set out in clause 6.4.
13.2 We may also end the Contract in the circumstances set out in clause 8.4(b).
13.3 If we end the Contract in any of the situations set out in clause 13.1, we will refund any money you have paid in advance for the Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract.
14 Our liability to you
14.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2 We only supply the Products for domestic and private use. If you use the Products for any commercial, business or resale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any matter for which we may not exclude or limit our liability under the Consumer Rights Act 2015 or any other applicable law.
15 Events Outside Our Control
15.1 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.
15.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
15.4 You may cancel a Contract affected by an Event Outside Our Control if there is a risk of substantial delay. To cancel a Contract under this clause 15 please contact us using the details set out in clause 3.1.
16 Other important terms
16.1 Nothing in these Terms shall affect your rights as a consumer under the applicable law in the jurisdiction in which you are resident.
16.2 We may transfer our rights and obligations under the Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
16.3 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
16.4 The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.5 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16.6 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
16.7 Please note that these Terms are governed by the law of England and Wales. This means a Contract for the purchase of Products and any dispute or claim arising out of or in connection with it will be governed by the law of England and Wales, except that if you are not resident in England and Wales the laws of England and Wales shall apply only to the extent that they do not override any mandatory laws of the country in which you have your usual place of residence.
16.8 You and we both submit to the non-exclusive jurisdiction of the courts of England and Wales, but nothing in this clause shall limit your legal rights to bring actions against us or to require proceedings to take place in the country in which you have your usual place of residence.
16.9 If you are not satisfied with how we have handled any complaint, you may wish to request that the complaint be referred for alternative dispute resolution (where an independent body considers the facts of the dispute and seeks to resolve it without you having to go to court). Disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
These Terms were most recently updated on 23 July 2018.