Except where expressly agreed in writing or other durable medium “DKN LEISURE SUPPLIES” and/or its trading names hereinafter will be referred to as “the company”. Every quotation, receipt, invoice, price list, e-mail or other document, issued by the company and all sales and supplies made by the company to any purchaser, are deemed to be in/or on a subject to the following terms and conditions:
- The company reserves the right to vary its current price list at any time without prior notice.
- Items will be invoiced to the purchaser at the price ruling at the date of dispatch, unless otherwise agreed in writing or other durable medium by the company in advance.
- All items must be paid for in full before dispatch or collection by the purchaser, unless otherwise agreed in writing or other durable medium by the company in advance.
- Sale and Purchase. Items are only sold on a definite sale and purchase benefit basis. The company will not supply items on a sale or return, guaranteed sale, consignment or approval, except where agreed by the company in writing or other durable medium in advance.
- Although we are a mail order company and do not have a retail showroom, collection is welcome if prebooked on all items during business opening hours, Monday-Friday between 11am-4pm; items are not available for collection outside of our normal business hours
- As we are not a retail shop outlet, we ask that you email or telephone ahead of visiting the company to confirm we will be available. Full address and telephone number is at the bottom of the page.
- If collecting, payment is strictly cash. We are unable to accept PayPal for items being collected, as this is not covered under PayPal’s buyer/seller protection rules.
DISTANCE SELLING REGULATIONS
- Under distance selling regulations (DSR), If the purchaser (excluding business-to-business sales) does not wish to keep the items delivered by the company, the purchaser has up to seven working days after the day on which the items were delivered to the purchaser, to tell the company in writing, or in another durable medium that the purchaser wishes to cancel. A phone call is not enough (although initially it is a good idea to ring us to discuss alternative solutions to cancellation) please keep some evidence of having given the cancellation notice, such as a certificate of posting or confirmation of fax transmission.
- The purchaser is under a statutory duty throughout the period of cancellation to retain possession of the items and take reasonable care of them, the purchaser can remove the items from packaging for inspection, however the company will not accept items for return under DSR that have been damaged or fitted or used by the purchaser.
- When the purchaser returns the items the purchaser must take reasonable care to ensure that the goods are not damaged in transit. If the purchaser does not exercise reasonable care and the goods are damaged, the company will claim against the purchaser for breach of this statutory duty.
- Please return the goods as soon as practically possible, in the condition the purchaser received them where practicably possible, the purchaser will be required to pay for all return costs.
- If the purchaser fails to return the goods, the company will claim against the purchaser for breach of the purchaser statutory duty. We will charge the purchaser the direct cost of recovery. This regulation applies to EEC residents only.
*Items that have been previously inspected by the purchaser and subsequently sent to the purchaser or collected from the company (including at events and shows) are not eligible for return under DSR. Goods purchased by an auction process (via a bid placed on eBay for example) are not eligible for return under DSR.
- Items will be dispatched no later than 5days after full payment is received (not including weekends or bank holidays). In the event that this is not possible due to fluctuations in stock or lack of stock with suppliers, customers will be emailed and given the option of a full and immediate refund.
- Items dispatched to the purchaser by the company are usually subject to carriage, insurance, reservation and packaging charges unless otherwise agreed in writing or other durable medium by the company in advance.
- All allegations of non delivery must be made by the purchaser in writing or other durable medium to the company within 10 days of the date of invoice, or other notification of dispatch, which ever shall be the shorter. Claims for lost/missing/damaged items sent via Royal Mail will be subject to the terms and conditions laid out below.
- As per the terms and conditions laid down by Royal Mail, any items shipped using this service are guaranteed against loss or damage upto a a value of £36 unless otherwise stated. In the event of non delivery or loss/damage, the company will initiate a claim on behalf of the purchaser. In order to make a claim, a statement will be required by the purchaser to confirm non-delivery or damage. Under Royal Mails terms and conditions, this claim cannot be initiated until 14 days after date of purchase as before this time a parcel is not classed as lost or missing.
- In the case of part of any consignment of items and of any discrepancies between the items ordered and those supplied and invoiced or received damaged, must be made by the purchaser to the company and the courier/delivery/post company within 24 hours of receipt.
- Failure by the purchaser to notify the company and the courier/delivery/post company within 24 hours of receipt as afore said shall be deemed conclusive evidence that the items were supplied and delivered in accordance with the contract.
- Any delivery date stated in the contract is intended as an estimate only, the company shall not be liable for any damage or losses arising out of any delivery otherwise than as so stated.
- If the purchaser fails to take delivery of the items or fails to take any action necessary on his part for delivery or shipment of the items the company shall be entitled to terminate the contract with immediate effect, dispose of the items as the company may determine and recover from the purchaser any loss and additional costs incurred as a result of such refusal.
- At the request of the purchaser the company as agents for the purchaser arranges for carriage and transport insurance to the destination specified in the purchasers order on such terms as to carriage and insurance as the company considers appropriate unless the purchaser specifies otherwise and the company shall invoice the purchaser of all carriage and insurance costs incurred.
- Section 32(3) of the sale of items act 1979 shall be deemed to be excluded hereby. The company may deliver the items in one or more installments and each installment may be treated as a separate contract. Failure by the company to make a delivery in whole or in part in accordance with the contract or any claim by the purchaser in respect of such delivery or part delivery shall not entitle the purchaser to reject the balance of the items agreed to be purchased by the purchaser.
- All items shall be subject to reasonable commercial variation as to quantity other than where specifically agreed to the contrary by the company in writing or other durable medium.
- If colours of items are not specified they might be different to pictures displayed.
- Only one attempt at delivery will be made per sale. In the event that items are not able to be delivered or signed for, items will be returned to a Royal Mail sorting office or courier delivery depot for collection by the buyer at their own expense. Buyers may be given the option to arrange a redelivery, however this will involve extra charges at the buyers expense. Charges can be given on request before any booking of redelivery is made.
- Items considered by the purchaser to be defective should be returned as soon as practically possible to the company carriage paid by the purchaser. The purchaser must inform the company in writing or other durable medium immediately. A phone call is not enough (although initially it is a good idea to ring us to discuss issues of concern).
- The item will be, without any cost to the purchaser, returned to the manufacturer for inspection, items found to be defective due to faulty materials or workmanship within the first 6 months of invoice date will be replaced or refunded in full. Items found to be defective due to faulty materials or workmanship after 6 months invoice date will be subject to repair, replacement, refund or partial refund by the company at it’s sole discretion.
- The company will not be liable to reimburse or compensate the purchaser for the cost of adapting, repairing or replacing the items. Where such adaptations, repair or replacement are due to misuse or mishandling, incorrect fitting or fair ware and tare of the items or materials date of receipt by the purchaser.
TRANSFER OF RISK
- Risk in items transfers to the purchaser immediately upon delivery therefore and not at the same time as property or title in the items passes to the purchaser. The purchaser shall be solely responsible for insuring the items immediately upon delivery therefore.
LIABILITY OF THE COMPANY
- No warranties or undertakings or representations are given by the company in respect of the items other than those contained herein or otherwise imposed by the law. The company shall not be liable for any statement or expression or opinion by it’s staff or agents of the purchaser with respect to the uses to be made of the items.
- These terms and conditions shall prevail over any conflicting provision sought to be imposed by a purchaser, and supersede any previous terms and conditions previously agreed by the company.
ITEMS SUPPLIED OUTSIDE OF THE UK
- Items supplied by the company are intended for compliance to UK legal requirements only. The company will only supply items outside UK under the following specific additional conditions.
The purchaser assumes full responsibility for ensuring the items are suitable for fitment, use and compliance with laws and relevant legislation of that country.
- The purchaser, complies fully with all special licenses or/and permission or/and documentation regarding import and use in that country.
- The company will not falsify custom forms nor devalue the cost of the final bid price,
- International bidders are responsible for all import/tax/zoll/customs costs applied by your country
- Buyers may be subject to import duties, taxes, and/or customs fees which may be imposed by your local government when you receive your package. Buyers are responsible for paying any additional charges for customs clearance. Rates vary by country and by what was ordered so we are not able to supply an estimated cost. Please contact your local post office or customs office to inquire about these charges