Terms and Conditions
Conditions of use of the distinctlybritish.co.uk site
This note explains how we will protect your privacy
Distinctly British Ltd's commitment to privacy
Distinctly British Ltd is committed to protecting the privacy of those using our site and the confidentiality of the personal information with which our shoppers provide us.
Data Protection Act 1998
We are registered under the Data Protection Act 1998 and comply with Act in all our dealings with your personal data.
Your personal information is safe with us.
Distinctly British Ltd will never sell personal information or share personal information with third parties unrelated to it. If you become a shopper with the stores on the Distinctly British Web site, we may use the information we collect, your name, e-mail address, address and other information on the purchase form to advise you of news about distinctlybritish.co.uk and distinctlybritish.com and/or the stores on the Web site.
If you do not wish to receive such information, please go to your account and unsubscribe from our newslatter or write to us at the address on the contact us page.
N.B. We do not see or hold your credit card details - all card transactions are handled by Sagepay or VeriFone under ssl secure screens and authorised direct with your card issuer.
Our Terms of Business
1. Definitions
"store" means the Web pages featuring the goods from each manufacturer/distributor which allow you to order goods through us that will be delivered direct from each manufacturer/distributor "working day" means every day of a calendar year apart from weekends and statutory and public holidays;
"us" means Distinctly British Ltd and you together;
"you" and "your" means the person ordering goods under these terms and conditions.
2. Conditions of Sale
The sale of all goods on this site is between you and the store. The terms and conditions below are in addition to any terms and conditions notified to you by a store. Distinctly British Ltd must as agent for stores receive payment of the whole of the price for any goods or services that you order before your order shall be deemed ready for acceptance. Acceptance of your order shall be signified by the sending of an email to you at your email address that you provide when you checkout from our store. Distinctly British Ltd's acceptance of your order on behalf of the store has the effect of bringing into existence a legally binding contract between you and the store.
3. Price
The prices payable for goods or services that you order are as set out on our Web site. Delivery charges may be extra to the price detailed against the product and will be detailed in your shopping "basket" showing your total purchases and the itemised costs. Delivery to some locations may not be possible.
4. Our Stores' Refund Policy
We want you to be totally satisfied with every purchase you make from stores using the Distinctly British Ltd sites. It is our aim to offer value and quality. If for any reason you are not totally satisfied, simply return an item in its original and unused condition to the store from which you bought the goods, please contact Distinctly British for the relevant return address, along with the wrapping and delivery slip, within 7 days of delivery. The store will exchange it or offer you a refund excluding the cost of the original postage / courier. You have no right to a refund or to cancel orders for goods made to your specifications or clearly personalized or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly, nor for audio or video recordings or computer software if unsealed by you nor for the supply of newspapers, periodicals or magazines ("Perishables").
This guarantee is in addition to your statutory rights, including your right to cancel under the Consumer Protection (Distance Selling) Regulations 2000 which remain unaffected. You have a right to cancel your contract with the store within 7 working days from the date after which you receive the goods, except for perishables. Food hampers will only be refunded at 50% of the original purchase price to account for delivery costs and perishables. It is the responsibility of the purchaser to pay for the return postage.
5. Availability
Distinctly British Ltd make every effort, on behalf of the stores, to ensure that out of stock items are notified on the distinctlybritish.co.uk and distinctlybritish.com sites. If the store from which you are buying has insufficient stock to deliver the goods ordered by you from them from our site, any sum debited from your credit card will be re-credited to your account and Distinctly British Ltd will notify you by email at the address given by you in your order form. The refund will be made as soon as possible and in any event within 30 days of your order. Distinctly British Ltd, on behalf of stores, will not be obliged to offer any additional compensation for disappointment suffered.
6. Delivery
Unless specifically agreed, the store from which goods are ordered will only deliver goods ordered by you from the billing address of the credit card used to make the payment, or to a specified delivery address. Distinctly British Ltd retain the right to cancel an order and refund the cardholder if the billing address is unsuitable or outside our normal UK delivery area (see Delivery & Returns). Delivery will be made as soon as possible after your order has been accepted but in any event within 30 days unless we or the store notify you otherwise. Ownership of the goods you have ordered will pass from the store to you on their being delivered to you or to the person you nominate and to whom we have agreed to deliver. Once goods have been delivered, you hold them at your own risk and Distinctly British Ltd will not be liable for their loss, damage or destruction.
7. Liability
Distinctly British Ltd shall have no liability to you if the goods delivered are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity. You must notify Distinctly British of the problem in writing / by email within 10 working days of their delivery. If you do not receive goods ordered by you within 30 days of the order date Distinctly British Ltd shall have no liability unless you notify Distinctly British Ltd in writing at the Distinctly British Ltd contact address of the non-receipt within 40 days of the date on which you ordered the goods.
Distinctly British Ltd has no obligation in the event of damage, defect, incorrect quantity, non receipt or incorrect goods or:
to make good any shortage or non-delivery
to replace or repair any goods that are damaged or defective.
On agreement, Distinctly British Ltd will arrange for you to be refunded the amount paid by you for the goods in question. The method of refund being at the sole discretion of Distinctly British Ltd..
Distinctly British Ltd will not be liable to you for any indirect or consequential loss or damage arising out of any such occurrence and Distinctly British Ltd shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question where these conditions so provide.
Nothing in this condition is, however, intended to limit any rights you might have as a consumer under applicable local law that may not be excluded nor in any way to exclude or limit Distinctly British Ltd's liability to you for any death or personal injury resulting from its negligence.
8. Force Majeure
Distinctly British Ltd shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to the goods delivered that is caused by any event or circumstance beyond its reasonable control.
9. Colour Accuracy
We have made every effort to display as accurately as possible the colours of the products that appear on the Site. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.
10. Unenforceability
If any part of these conditions is unenforceable (including any provision in which Distinctly British Ltd excludes its liability to you) the enforceability of any other part of these terms will not be affected.
11. Governing Law
This agreement is subject to English law and shall be interpreted in accordance with English law, and the English courts shall have jurisdiction to resolve any disputes between us.
12. Entire Agreement
These terms and conditions, together with the current prices displayed on Distinctly British Ltd Web site, individual store delivery details and Distinctly British Ltd contact details, set out the whole of the agreement relating to the supply of the goods to you by Distinctly British Ltd.. These terms and conditions cannot be varied except in writing signed by a director of Distinctly British Ltd. In particular nothing said by any sales person or authorised representation on behalf of Distinctly British Ltd should be understood as a variation of these terms and conditions about the nature or quality of any goods offered for sale by Distinctly British Ltd.
Distinctly British Ltd shall have no liability for any such representation being untrue or misleading nor for any statement made by any store or in any store's literature or terms and conditions. Nothing in this agreement shall form a contract of sale between you and Distinctly British Ltd. Nothing in this agreement is intended to, nor shall it, create any enforceable right of a third party whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
Disclaimer
The following notes are provided in accordance with current legislation designed to protect the interests of the customer and to define the conditions of use of the Distinctly British web site Distinctly British Ltd produces and maintains this Web site, the contents of each store and the mechanism for secure card purchase using Secure Socket Layer (SSL) security. However all purchases from the site are made direct with the store from which the purchase goods were selected as shown on the Web site and the store shall be responsible for the correct and timely fulfilment of the goods.
Distinctly British Ltd Ltd provides this site and makes no representations or warranties of any kind with respect to it or its contents and disclaims all such representations and warranties. In addition, Distinctly British Ltd makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the contents of any advertisements or any information and graphics published therein. The contents of this site may contain technical inaccuracies or typographical errors. All liability of Distinctly British Ltd howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law. Neither Distinctly British Ltd nor any of its employees or other representatives can accept any liability for damages arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensation, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. It is agreed that Distinctly British Ltd shall have the right at any time, without the necessity to give notice, to revise any prices advertised. Orders in respect of goods and services advertised or offered on the site shall not form binding contractual relationships until expressly accepted by Distinctly British Ltd on behalf of a store and are all subject to availability.
Use of this web site is on the understanding that all brand names, product names, titles and copyrights displayed are the trade marks or trade names or copyrights of their respective holders and permission has been given to Distinctly British Ltd in respect of the useof any such brand names, product names or titles or copyrights.
Distinctly British Ltd uses Secure Socket Layer (SSL) to both protect users of the site's credit card service and to alay any fears concerning shopping online. However, any losses incurred or sustained by users who transmit information by means of email or other internet links shall, save where culpable negligence is proved, be borne solely and exclusively by that customer and in no event shall any such losses in whole or in part be borne by Distinctly British Ltd. The necessity for users to sign out on completion of their shopping when using public computers cannot be stressed more as Distinctly British Ltd cannot accept any liability flowing from such failure.
Copyright
Permission is granted only electronically to copy and/or print in hard copy portions of this site for the sole purpose of placing an order with Distinctly British Ltd or using this site as a shopping resource. Any other use of materials on this site (including reproduction for purposes other than those noted above and modification, distribution, or republication) without the prior written permission of Distinctly British Ltd is strictly prohibited. All design, text, graphics and the selection or arrangement thereof are the copyright of Distinctly British Ltd or its licensors.
Trade Marks
All trade marks, product names and company names or logos cited herein are the property of their respective owners.
