TERMS AND CONDITIONS
These Terms and Condition of Sale (“Terms of Sale”) apply to the purchase and shipping of Goods through our Website. Please read these Terms of Sale carefully before placing an Order. By confirming that you have read and accepted these Terms of Sale when you submit an Order through the Website, you confirm your unconditional acceptance of these Terms of Sale.
If you need further information, we are unable to understand or have any questions about these Terms of Sale, please refer first to the FAQs and if you still have doubts or you do not find the proper answer there, please contact us using the contact information in the Contact Us section.
A copy of this Terms of Sale can be stored electronically or printed by all users of our Website.
All Goods are shipped from our warehouse in Romford, United Kingdom.
1. INFORMATION RELATING TO GOODS
We will make reasonable efforts to ensure that the information about Goods is accurate and up-to-date. However we do not warrant or guarantee that there will be no errors in the description and/or pricing of the Goods, or that Goods will always be available if you wish to place an Order to purchase them. None of the material contained in our Website is to be relied upon as a statement or representation in relation to Goods. All images, illustrations and descriptions of Goods are for information only and you are invited to contact us using the contact information in the Contact Us section if you need any further information about Goods.
We reserve the right, at any time and without notice, to modify the information about Goods displayed on our Website, including without limitation information on prices, description and availability of Goods. However, changes to price, availability or description of any Goods will not affect Orders submitted by you which have already been accepted by us in accordance with Clause 2 below.
The foregoing will not affect your statutory rights.
2. HOW DO I PLACE AN ORDER
To place an Order you will have to select the Goods on the Website, select your preferred shipping method and, at your discretion other optional services and click on the “PLACE YOUR ORDER” button. Before completing the check-out procedure you will be requested either to register for or log into your personal account. You can, if you prefer, checkout without registering, but you will be required to provide the necessary personal and payment data to process the Order.
If you have any problems during the placement of an Order or if you are not sure whether or not your Order made through the website has been finalized, contact us using the contact information in the Contact Us section.
When you place an Order you make an offer to us to purchase the Goods you have selected. Orders are subject to availability and acceptance by us and we may, at any time and at our sole discretion, refuse to accept your Order, including but not limited to the cases where:
(i) You provided us with incorrect information, including without limitation, insufficient or incorrect payment details, incorrect billing information; insufficient or incorrect shipping address; or fraudulent information;
(ii) There is an error on our Website relating to the Goods that you have ordered, for example an error relating to the price or description of the Goods as displayed on our Website;
(iii) The Goods that you have ordered are no longer available through our Website; or
(iv) We believe that you are under the age of 18.
We will not be liable to you or any third party for withdrawing any Goods from the Website, removing or editing any materials or content on the Website, refusing to process an Order or suspending any transaction after we started to process it.
If we cannot accept your Order we will contact you by email or telephone as soon as possible but in any case no later than 30 (thirty) days from the date of your Order. If we cannot accept or perform your Order because the Goods are no longer available, or because of an error in the prices and/or other information about the Goods for which you have placed an Order, we will contact you and suggest alternative products that you might wish to purchase. If you do not accept our suggestions then we will cancel your Order in relation to those Goods we cannot supply and refund to you any money that you have paid to us in respect of those Goods.
If you have placed the Order through the Website you will receive an e-mail confirming receipt of your Order, containing the relevant details of your Order (such as quantities, price, shipping terms). Please note that this e-mail does NOT constitute an acceptance of your Order. Unless you cancel your Order, your Order will be accepted and the contract between us and you will be concluded only when we dispatch the Goods. At such time you will receive an Order Shipment Confirmation e-mail informing you that we have dispatched all, or a part, of the Goods covered by your Order.
Orders can be cancelled at any time before being processed by us. If you wish to cancel your Order please contact us using the contact information in the Contact Us section. We will not accept order cancellations made in any way other than that listed above. Once your Order has been processed you may only exercise your right of withdrawal according to the procedure under Clause 8 below.
3. WHAT HAPPENS IF GOODS ARE UNAVAILABLE
We will make reasonable efforts to ensure that the information about Goods displayed on our Website are always accurate. However, when you place an Order certain Goods may be out of stock.
If we are unable to send you the ordered Goods within 30 (thirty) days from the date of your Order, we will cancel your entire Order and refund to you the cost of the Goods. Nothing in these conditions will reduce your statutory rights relating to faulty or misdescribed goods.
4. OUR PRICING POLICY
The prices of the Goods are indicated on our Website and will be confirmed in the Order Confirmation we will send to you via e-mail.
All prices are in Euros or Pounds Sterling and inclusive of VAT (20% for the United Kingdom, 20% for France, 19% for Germany, 21% for Spain, 22% for Italy, 20% for any other countries).
If ordering goods for delivery outside the EU you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information.
Delivery costs may apply to your Order as indicated on our Website at the time you submit your Order. Delivery costs will depend on the value of your Order and your required shipping method. To see our applicable delivery charges please click here.
We reserve the right to modify the price of our Goods on our Website at any time and without prior notice. Changes to the price of Goods will not affect your Order once we have accepted the Order and sent to you an Order Confirmation.
If we find an error in the price of Goods you have ordered, we will inform you as soon as possible by e-mail or telephone and we will offer you the option of reconfirming your Order at the correct price or cancelling your Order. If you cancel the Order, we will refund or re-credit you for any sum that has been paid by you.
5. HOW CAN I PAY
You may pay for your Goods by credit or debit card. We accept most payment cards, such as Visa and Master Card. Payment must be made in the currency as indicated on your Order before you submit it.
If you pay by credit or debit card, you must supply your card details when you place your Order. Your credit or debit card will be debited for the total value of your Order at the time your Order is received by us. We will not accept your Order, neither will we supply the Goods to you until your credit or debit card issuer has authorised the use of your card for payment of the Goods ordered. If we do not receive such authorisation we will notify you. We reserve the right to verify the identity of the credit or debit card holder by requesting appropriate documentation.
We take all reasonable care to make our Website secure and to prevent frauds. All credit and debit card transactions on this Website are processed by “EWAY”, a secure online gateway that will be responsible for holding and automated handling in a secure environment of the information relating to your payment details. Please note that we may, at any time and at our sole discretion, restrict shipping to certain countries we believe to be at high fraud risk.
We will send the Goods to you at the delivery address indicated on your Order Confirmation. We may, however, only send documents by e-mail to the e-mail address which you provided at the time of making the Order.
6. WHEN ARE GOODS DELIVERED AND HOW CAN I TRACK MY ORDER
Goods ordered through this Website will be delivered to all countries specified in the shipping information. If you are unsure whether we can ship to your country, please contact us before placing your order.
Delivery will be made by standard or express courier at your choice during normal business hours. Delivery charges may apply to your Order; to see our delivery terms. Upon delivery of the Goods to our carrier we will send you an Order Shipment Confirmation email.
We will make any reasonable efforts to deliver the Goods within the delivery time specified in our Delivery Terms and Conditions. However, any delivery date or time specified by us is a best estimate only and we will not be liable for any loss or damage suffered by you through any unavoidable delay in delivery.
You can check the current status of your Order by clicking on the link included in your Order Shipment Confirmation email.
7. HOW TO RETURN GOODS
We hope you are delighted with your purchase from Duronic however we understand if you wish to return any or all of the items. Goods which were supplied in error, were incomplete, damaged, faulty, or if you have just changed your mind, can be returned to us using the process found on our Returns page.
8. YOUR RIGHT OF WITHDRAWAL
If you have received the ordered Goods and are not satisfied with any of them or have simply changed your mind about purchasing them after we have e-mailed you your Order Confirmation, you may exercise your right of withdrawal without penalty and without giving any reason and request a refund within 14 (fourteen) calendar days of delivery of the Goods, provided that you return the Goods to us according to the procedure indicated on our Returns page.
Please note that while the Goods remain in your possession you are under a duty to ensure that the Goods are kept safe, secure and in good condition.
9. OUR LIABILITY TO YOU
Our liability for damages caused by slight negligence shall, irrespective of its legal ground, be limited as follows:
(i) we shall be liable up to the amount of the foreseeable damages typical for this type of contract due to a breach of material contractual obligations;
(ii) we shall not be liable due to the slightly negligent breach of any other duty of care applicable.
The aforesaid limitations of liability shall not apply to any mandatory statutory liability and liability for culpably caused personal injuries. In addition, such limitations of liability shall not apply if and to the extent we have assumed a specific guarantee.
The above provisions shall apply accordingly to our liability for futile expenses.
You shall be obliged to take adequate measures to avert and reduce damages.
Nothing in these Terms of Sale shall affect your statutory rights as a consumer, nor your right of withdrawal as per Clause 8 above.
10. HOW YOUR PERSONAL DATA ARE PROCESSED
11. USE OF THE WEBSITE
You must only use this Website for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Website.
You may use, download and print content on the Website solely for your own personal use or internal business purposes. Other than for your own personal use or internal business purposes, you may not without our prior written consent:
copy, reproduce, use or otherwise deal with any content on the Website;
modify, distribute or re-post any content on the Website for any purpose;
reproduce, crawl, frame, link to or deep-link into this Website on or from any other website;
use the content of the Website for any commercial exploitation whatsoever.
You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. Duronic shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.
We have placed links on this Website to other websites we think you may want to visit. We do not vet these websites and do not have any control over their contents. Except where required by applicable law, Duronic cannot accept any liability in respect of the use of these websites.
We reserve the right to change and update these Website Terms from time to time and recommend that you revisit this page regularly to keep informed of the current Website Terms that apply to your use of the Website. By continuing to access, browse and use this Website, you will be deemed to have agreed to any changes or updates to our Website Terms.
We exclude all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law. We accept no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with these Website Terms or your use of the Website.
Except to the extent required by applicable law, Duronic shall not be liable to any person for any loss or damage which may arise from the use of or reliance on any content or information displayed in or on this Website.
These exclusions shall be governed by and construed in accordance with English law. If any provision of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
12. INTELLECTUAL PROPERTY RIGHTS
The Duronic trade mark as well as all trademarks, whether they are figurative or not, and all other marks, illustrations, images, and logo which appear on our products, accessories or packaging, whether registered or not, are and remain the exclusive property of Duronic. Any reproduction, whether complete or partial, modification or use of these marks, illustrations, images and logo, for whatever reason and in whatever medium, without our written, express and prior agreement, is strictly prohibited and will be prosecuted.
13. CIRCUMSTANCES BEYOND OUR CONTROL
We will make every effort to perform our obligations under these Terms of Sale. However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control, including, without limitation, an act of God, explosion, flood, fire or accident; war or civil disturbance; strike, industrial action or stoppages of work; any form of government intervention; a third party act or omission; failure of our supplier(s); failure by you to give us a correct delivery address or notify us of any change of address, or a failure by you to affect payment.
We will inform you of any such unforeseen event as soon as possible after its occurrence and we will perform our obligations as soon as reasonably possible. Should this interruption continue beyond a period of 2 (two) weeks, you will be entitled to cancel the Order, and a refund will be made in accordance with Clause 8 of these Terms of Sale.
14. APPLICABLE LAW
These Terms of Sale are governed by the laws of the United Kingdom excluding the UN Convention on the International Sale of Goods.
15. RESALE / RESHIPPING OF OUR MERCHANDISE
We constantly monitor the quality of the Goods that we offer to our customers in order to guarantee constant customer satisfaction. Our Goods are only distributed in our channels/stores and our authorised resellers' channels/stores. You must not misrepresent yourself as being one of our authorised resellers or as being qualified to resell our Goods. We reserve the right to refuse to accept your Order, if we suspect that you intend to resell our Goods.
16. CONTACT US
If you have any questions about these Terms of Sale, our Goods or your Order, contact us using the contact information in the Contact Us section.
17. GENERAL TERMS
Neither our failure nor your failure to enforce any term of these Terms of Sale constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.
In these Terms of Sale:
. “Contract” means the contract between you and us for the sale and purchase of Goods, comprising your Order, our Order Confirmation of your Order and these Terms of Sale;
. “Goods” means the products that we sell on our Website from time to time.
. “Order” means an order for Goods placed according to these Terms of Sale;
. “Order Confirmation” means the order confirmation issued by us to you indicating acceptance of your Order at the moment the Goods are dispatched and the relevant details of your purchased Goods;
. “Terms of Sale” means these terms and conditions of sale;
. “We”, “Us” means Duronic, i.e. Shinemart Ltd., whose registered office is at Unit 1 Spilsby Road Harold Hill Romford RM3 8SB United Kingdom;
. “Website” means our website located at www.duronic.com
. “you” or “your” means you, the customer.
THE DURONIC TERMS AND CONDITIONS FOR DELIVERY OF GOODS
WHERE & WHEN DO WE DELIVER
Goods ordered through this Website will be delivered in the countries specified in the shipping information.
Please note that we currently do not ship to:
(i) Any military base
(ii) PO BOX
All Goods are shipped from our warehouse in 1 Spilsby Road, Romford, United Kingdom and any returns will need to be sent back there.
Delivery will be made by standard courier during normal business hours, Monday to Friday.
If you choose the Express Delivery, orders that are placed before 12.00 pm, Monday to Thursday will be dispatched within 24h.
• Although it is our goal to deliver within the above mentioned lead times, delivery dates are not guaranteed as shipments are handled by third parties.
• Order cut-off times are provided as guidelines only, and do not take into account possible delays caused by payment authorisation
• Orders will be processed in accordance with the Terms and Conditions of Sale
• We are unable to redirect orders once items have been dispatched
Delivery charges apply to your Order based on the weight / dimensions of your Order and country of delivery.
TAXES & DUTIES
Taxes and duties are calculated according to your shipping destination and itemised in the checkout page and on the Order Confirmation.
Duronic may, from time to time, apply free shipment promotions for limited periods.
THE DURONIC TERMS AND CONDITIONS OF RETURNS
In this Return Policy, “Duronic”, “we” and “us” refers to Shinemart Ltd, whose registered office is at 1 Spilsby Road, Harold Hill, Romford RM3 8SB, United Kingdom, Company Registration number 05591927, and “you” means you the customer.
Capitalized terms used in this Return Policy shall have the meaning set forth in the “Definition” section of the Duronic Terms and Conditions of Sale, which is applicable to this Returns Policy.
This Return Policy applies to all items purchased through the Website and shipped into the UK and EU.
Please note that we do not accept returns on products that were not purchased from the Website.
We hope you are delighted with your purchase from Duronic, however we understand if you wish to return any or all of the items. Goods which were supplied in error, were incomplete, damaged or faulty, or if you have just changed your mind, can be returned to us using the process below and within the specified periods stated.
Please not that all Goods need to be returned back to our warehouse in Romford, United Kingdom
REASON TO RETURN
(i) If you have changed your mind and wish to return your Goods, you have up to 14 (fourteen) calendar days from delivery of your Order to return them to us. In this case we will issue you with a full refund including any delivery charges paid at the time of your Order. To meet the withdrawal deadline it is sufficient for you to inform us of your decision to withdraw, following the instructions provided herein below:
(ii) Returns of misdescribed Goods (with regards to those misleading descriptions which are obvious and readily noticeable, such as the colour of the product) must be made within 14 (fourteen) calendar days from delivery of your Order. Returns outside these timeframes will only be accepted at our discretion.
(iii) Faulty Goods: Goods are classified as faulty if they are received damaged, or where a manufacturing fault occurs within 2 years of purchase. Please note that items that are damaged as a result of wear and tear are not considered to be faulty.
HOW TO MAKE A RETURN
Making a return is easy if you follow the steps below:
(i) Inform us of your decision to cancel the Contract within the aforementioned 14 (fourteen) calendar days from delivery of your Order, in writing by hand or registered letter, e-mail or telephone, provided that if you notify us by e-mail or telephone you confirm your decision by registered letter with return receipt, at the following address:
1 Spilsby Road
Romford RM3 8SB
Email/Telephone: Contact Us
(ii) Fill out the consignment note (included in the package containing the Goods) indicating which Goods you are returning and the reason for return, If you no longer have the consignment note received with the Goods please Contact Us. If you have received the Goods as a gift you must provide an e-mail address, or alternatively Goods may be returned by the original purchaser.
(iii) Before returning any Goods to us please check that you have:
(1) Filled out the consignment note as above;
(2) Enclosed all accessories and other material supplied unless informed otherwise;
(3) Used all packaging that was originally supplied;
(4) Include your Order Confirmation or other proof of purchase (unless you are returning a gift);
(5) Ensured the return address as indicated on the consignment note is clearly visible on the outside of the shipping box;
(6) Seal the packaging securely.
(iv) It is your responsibility to obtain proof that the Goods have been returned, by returning the items by registered post or by such other means which gives proof of date of postage and delivery. We recommend that you return the Goods by means which allow you to track their return and which insures you for the value of the Goods. We do not accept liability for Goods which are damaged or lost during the shipment to us;
(v) You will be notified by email once your return has been received and processed. Where you have received the Goods as a gift we will contact you using the email address given at the time of return or where this has not been provided notification will be sent to the original purchaser.
RECEIVING A REFUND OR REPLACEMENT GOODS
Once we receive the Goods, we will:
(i) Examine the Goods you have returned to us to verify whether they are faulty, damaged or if they do not correspond to their description on the Website;
(ii) At your option where the Goods are faulty, damaged or if they do not correspond to their description on the Website: (i) repair the Goods or replace them with new non-faulty or corresponding Goods; or, (ii) refund the price paid for the Goods (along with the original delivery fees). Save that where you have requested, and we are unable to, repair or replace the Goods, we will refund the price paid for the Goods (along with the original delivery fees);
(iii) Credit the refund for the Goods, including any delivery costs (provided that you send us satisfactory evidence of the costs actually incurred in returning the Goods; where such evidence is not provided we will refund you an estimated cost of return postage), back to the payment card that you used to pay for the Goods, or repair or replace the faulty or damaged Goods within 14 (fourteen) days from the date on which we are informed about your decision to return the Goods.
IF IN OUR SOLE OPINION, THE GOODS YOU HAVE RETURNED TO US ARE NOT FAULTY, DAMAGED, AND CORRECTLY CORRESPOND TO THE DESCRIPTION DISPLAYED ON OUR WEBSITE, OR THEY HAVE NOT BEEN RETURNED IN ACCORDANCE WITH YOUR RIGHT TO WITHDRAW UNDER THE AFOREMENTIONED TIMEFRAME, YOU WILL NOT BE ENTITLED TO A REFUND AND WE WILL RETURN THE GOODS TO YOU.
If you have received an item as a gift, you may return it to us following the procedure set out above. Where a refund is offered for a returned gift you will receive an e-Gift Card credited with the value of the Goods. The e-Gift Card can be spent on the Website and will be valid for 1 (one) year.
Please ensure your e-mail address is quoted on the consignment note when returning a gift, otherwise we will not be able to provide you an e-Gift Card and any notification concerning your return will be sent to the original purchaser.
When you return Goods, PLEASE NOTE THAT:
All items are quality controlled and checked for any faults or manufacturing defects before they are dispatched to you. Should you receive an item that is not in perfect condition please contact us immediately.
Please send all items you wish to return from an order in the same shipment to ensure your return is processed as quickly as possible.
Items should be returned in their original packaging to ensure they are adequately protected in transit. We do not accept liability for Goods which are damaged or lost during return shipment to us.