Terms & Conditions
- Terms & Conditions
DARMAKI is the trading name of DARMAKI LTD , a company registered in England and Wales under registration number 07458742. Our registered address is DARMAKI LIMITED 79 COLLEGE ROAD, HARROW, MIDDLESEX , HA1 1BDUnited Kingdom. Our VAT number is 107187913. You can contact us by email to email@example.com
ABOUT THESE TERMS & CONDITIONS
The DARMAKI ("DARMAKI", "we" "us") website(s) (our "site" or "website") and related services are made available to you and DARMAKI sells its products, in accordance with the following terms and conditions and any other rules posted on our site (collectively, the "Terms & Conditions"). Please read the Terms & Conditions carefully before placing any orders on www.darmaki.com. We recommend you should keep a copy of the Terms & Conditions for future reference.
We may modify these Terms & Conditions from time to time. If you do not agree to any change to these Terms & Conditions then you must immediately stop using the site. Any changes made after you have placed an order will not apply to that order or any resulting contract, unless we are required to make the change by law, in which case such changed term will apply to the order or resulting contract to that extent.
By visiting www.darmaki.com, registering for any account or ordering or purchasing from us, you are accepting and agreeing to these Terms & Conditions.
To use some of the services or features made available to you on this site you will need to register for an account on our website. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your registration information change, please update your details within the "MY ACCOUNT" page or alternatively notify us using our contact details in Section 1 (About Us). We may also change registration requirements from time to time and can cancel your registration if you do not meet them. The account password you provide should be unique and kept secure and you must notify Darmaki immediately of any breach of security or unauthorized use of your account.
ELIGIBILITY TO PURCHASE
In order to make purchases on the site you must be 18 years old or over and you will be required to provide your personal details. In particular, you must provide your real name, phone number, email address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the payment details provided.
The site is available only to individuals and others who meet the Darmaki terms and conditions of eligibility, who have been issued a valid credit or debit card by a bank acceptable to Darmaki, whose applications are acceptable to Darmaki and who have authorized Darmaki to process a charge or charges on their credit or debit card in the amount of the total purchase price for the merchandise which they purchase.
By submitting an order or a pre-order (as detailed below in Section 6) you: (a) expressly authorize us to perform such things and to use your information to perform such things and obtain such information about you to or from third parties to, amongst other things, perform identity checks, anti-fraud checks, credit checks, checks arising out of any payment request being referred by your card issuer and such other checks as we may reasonably require for the purposes of verifying that the transaction is genuine and that you have the ability to pay; (b) you agree to submit any further requested information (including any updated information) about you to enable us to carry out such checks and otherwise authenticate your identity and order or pre-order; and (c) you expressly authorize us to validate your credit or debit card with authorization codes, and failure to agree or provide information in respect of the above within 7 days, or in the case of a pre-order, within the period prior to the stipulated shipping date as set out when the pre-order is placed, may result in the cancellation of your order or pre-order.
Further, we shall be entitled to disclose any information provided by you used to process anti-fraud checks to a credit reference or fraud prevention agency, which may keep a record of such information.
With respect to any product, one of the following will apply: (a) if the product is in stock, it is available to order on our site, according to Section 6.1 (Ordering) below, (b) if the product is out of stock, but new stocks are on order from the manufacturer, or it is an exclusive or special promotions, you may be given an opportunity to submit a pre-order, which will become an order from you when the stock comes into our warehouse, in accordance with Section 6.2 (Pre-ordering) below, or (c) if the product is out of stock or any expected stock has been fully pre-ordered and we do not know when the next stocks will be available, we may invite you to sign up to a waiting list for this product, to be notified when the product becomes available to order or pre-order. You may also request to be added to a waiting list at any time by emailing firstname.lastname@example.org with the product details and size you require. This waiting list shall not be deemed or considered to be an order or a pre-order.
Darmaki shall be entitled to restrict multiple quantities of a product being shipped to any one customer or postal address. Darmaki may accordingly limit the quantity of a single product that may be ordered in an order and may reject multiple separate orders for the same product.
ORDERING AND PRE-ORDERING
Our site is an invitation to offer and not a legally binding offer. To purchase from us, you must submit an order through our site or by telephone. All of your orders are a legal offer to us to purchase on these Terms & Conditions and are subject to availability of stock and acceptance of your offer by us. What this means is that a legally binding contract is not made until you have submitted an order and we have accepted that order as detailed in Section 7 (Acceptance of Your Order) below. However, you authorize us to take payment in advance for your order, before it has been accepted by us.
All orders are subject to availability. Products in your shopping basket are not reserved and may be ordered by other customers. If we have a product in stock and you place it in your shopping basket, but other customers order all the stock before you checkout and submit your order, you may find that the stock has run out. This can happen for very popular products. If this does happen, you may be given an opportunity to pre-order the product, if possible, ready for when we have another batch in stock.
Where we do not have a product in stock and available for dispatch from our distribution centre, but we have another batch of stock on order from our factory, or in advance of an exclusive or special promotion, we may invite you to submit a pre-order, we, at our discretion, may provide you the possibility to pre-order that product.
You authorize us to take payment in advance for your pre-order, at the time you submit your pre-order and the payment and contractual purchase shall be processed and made at the time the order reaches the warehouse and your pre-order is fulfilled as an order, at which stage Section 6.1 shall apply. This will ensure that you receive this product in priority when the product is in stock.
Products received into stock will be pre-allocated and processed to satisfy any pre-orders, on the basis of earliest first, and customers making these pre-orders will receive products in priority to customers on the waiting list or customers ordering through the site following receipt into stock. Your pre-order will automatically become an order when a product is received by us into stock and allocated by us to your pre-order.
Please be aware that there may be times when we may be unable to deliver selected pre-ordered products due to production problems or quality check issues identified when we receive an order into stock. In these circumstances, we may cancel your pre-order and we will notify you by email and refund the pre-order payment to your credit or debit card used at the time of the pre-order.
6.3 Rejection and Correction
We may reject or correct an order for any reason, including if any price or delivery charge is incorrectly stated or otherwise in error or we find that we do not have the stock at all of the right quality to meet it, in which case we will give you an opportunity to withdraw your order and obtain a refund of any payment taken for your order.
ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order.
Except in relation to the purchase of virtual gift cards, this email does not amount to an acceptance of your order and a binding contract is not formed until your order is accepted by Darmaki will occur, whereby a binding contract will be formed between you and Darmaki upon receiving an email you to confirm the products have been dispatched unless you cancel the order. In relation to the purchase of virtual gift cards, a binding contract is formed when we confirm your order and take payment.
The sale contract is, therefore, concluded in London, England and the language of the contract is English.
We are not obliged to accept any order you submit and we may refuse to accept an order, cancel any account or order or otherwise refuse service to anyone, at any time, for any reason, at our sole discretion. Typical reasons for not accepting an order may include, without limitation, if we are unable to obtain authorization for payment, shipping restrictions apply to a particular product, the product ordered is out of stock or the stocks received from our factories do not satisfy our quality control standards and are withdrawn or you do not meet the eligibility criteria (including the respective checks we are required to carry out in order to accept and order) set out within the Terms & Conditions. We are not liable to you or any third party by reason of our withdrawing any merchandise from our website, whether or not that merchandise has been sold, removing screening or editing any materials or content on the site, refusing to process a transaction or unwinding or suspending any transaction after the process has begun.
PRICES AND DELIVERY CHARGES
The price payable for your ordered products and virtual gift cards is as stated on our site, as confirmed in the ordering pages on our site and in any subsequent confirmation we send to you to acknowledge receipt of or accept your order.
The price does not include delivery and a separate delivery charge is payable, which will again be as stated on our site, as confirmed in the ordering pages on our site and in any subsequent confirmation we send to you to acknowledge receipt of or accept your order.
Our prices and other charges are only valid at the time of your visit and may change at any time. Further, certain countries, may be subject to further restriction and international sanctions. We recommend that you contact your local authorities to determine if there are any additional restrictions and any such taxes or costs with such purchase and import price prior to submitting your order.
You agree to pay VAT on the price, delivery charges and any other charges we may make, at the applicable rate, at the same time as payment of such price, delivery charge or other charge. VAT means UK Value Added Tax or any other local or regional, value added, sales or consumption tax, levies or any other charges to be paid in any part of the world where the products are being delivered to.
Where the order is to be delivered to a consumer in Europe, then prices, delivery charges and other charges are (unless otherwise stated) inclusive of VAT. For delivery to the Rest of the World, prices, delivery charges and any other charges are (unless otherwise stated) exclusive of VAT.
IMPORT DUTIES AND TAXES
All prices and delivery charges for products being delivered to a customer in Europe are inclusive of the costs of any customs formalities to import the products into the country or region where the products are to be delivered. Prices and delivery charges for products being delivered to the US or Canada are also exclusive of costs of any such equivalent customs formalities but delivery to the Rest of the World (excluding the US or Canada) to which we deliver, will not include any such costs. You will also be required to pay applicable and relevant duties, taxes, levies or other charges required to be paid to import or payable on import of the products into the country or region where the products are to be delivered or to obtain the release of the products by any import agent, customs or other local or national authority, to the extent not already included in the prices and delivery charges. The above are all referred to as "import taxes and costs" in these Terms & Conditions.
By purchasing from the site you are accepting that you will be responsible and liable to pay all duties, import taxes and costs as may be determined by the country or region that the order is shipped to and accept that the products may be retained by our delivery company or any customs or any other government authority until full payment of such import taxes and costs by you. We are not liable to pay any import taxes and costs and we shall be entitled to charge you any additional costs incurred by Darmaki to you and you shall pay to us for such additional charge for any import taxes and costs we pay.
Please be aware that if you choose to not pay such import taxes and costs and these import taxes and costs then fall to Darmaki, we shall be entitled to charge you any additional costs incurred by Darmaki to you and you shall pay such amount in full to us, in addition to the price and delivery charges, any import taxes and costs, which we may pay. We recommend that you contact your local customs authority to determine the import taxes and costs and a landed cost price prior to submitting your order.
Payment can be made by such payment cards as are stated on our site from time to time. As at the date of these Terms & Conditions, these are VISA, MasterCard, American Express, Maestro, Visa Debit and Visa Electron.
You agree that by submitting an order or pre-order, this immediately authorizes Darmaki to debit your debit or credit card with the order or pre-order payment on submission of your order or pre-order and implies that you offer to pay Darmaki if your order is accepted. Payment will be debited and cleared from your account at the time your order, or in the case of a pre-order, when your pre-order is fulfilled as an order and your order is allocated and filled by us. If you withdraw your order or pre-order after placing it and before we have accepted it or we do not accept your order or pre-order, this payment will be refunded to the debit or credit card as soon as possible.
When placing an order or a pre-order you are confirming that the credit or debit card that is being used is yours or that you have been specifically authorized by the owner of the credit or debit card to use it. All credit or debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Darmaki, we have the right to reject the order or pre-order, notifying you by email.
If you are a customer whose credit or debit card is not denominated in currency of the order, you should note that your card issuer will charge you for any currency exchange at the exchange rate applied by your card issuer at the time your card issuer processes the transaction. You should check with your card issuer what you can expect to pay in your own currency, before submitting your order.
We take reasonable care to make our site secure. All credit or debit card transactions on this site are processed using a secure online payment gateway that encrypts your card details in a secure host environment. In respect of any saved card details, we will only ever store the card type, the last four digits of the card used and the expiry date and such card details will never be shared with third parties and will only be used to process your order, using our payment partner’s safe payment platform systems. To help ensure that your shopping experience is safe, simple and secure, Darmaki uses Secure Socket Layer (SSL) technology. Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we shall not be liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the site.
Darmaki virtual gift cards are sold subject to the following Terms & Conditions. Virtual gift cards are only available for purchase on the site in GBP, Euros or USD, with a minimum spend of £50 / €50 / $50 depending on the currency chosen. Virtual gift cards are valid for 12 months from the date of purchase. Any balance on the card remaining after those 12 months will be forfeited and lost. They can only be redeemed against products on the Darmaki site and cannot be used against purchases in any of our stores. Virtual gift cards can only be redeemed against an order, which is being made in the same currency as the gift card. Virtual gift cards are non-transferrable by the person for whom they are bought and may not be returned or redeemed for cash.
Please ensure you keep a record of the unique virtual gift card code as you will need to enter this at the checkout page when placing orders. You may check your virtual gift card balance on the site via the virtual gift card link in the footer of our site or at the checkout when placing an order. Where the value of your order total is less than the value of the virtual gift card, the balance of the virtual gift card will remain on the virtual gift card and can be redeemed against subsequent orders. Where the value of your order exceeds the value of the virtual gift card, all balance of such order exceeding the value of your virtual gift card must be paid by credit or debit card. Where you return products you have purchased using a virtual gift card, you will receive an email from Darmaki customer care with a replacement virtual gift card for the appropriate refund amount. Returns of products, to the extent paid using a virtual gift card, will not be refunded in cash and will be refunded only as value to the virtual gift card or as a separate virtual gift card. Virtual gift cards are emailed to the recipient once the full order has been processed and payment has been taken. A copy will also be sent to the sender as confirmation of dispatch. Darmaki is not liable for delivery of a virtual gift card to an incorrect or non-existent email address; this is the sole responsibility of the purchaser to provide a valid email address for the intended recipient. Darmaki is not responsible if a virtual gift card is lost, stolen, destroyed or used without permission. Darmaki shall be entitled to cancel a virtual gift card if we deem such action necessary.
Promotion codes are non-transferable and there is no cash alternative. Furthermore, promotion codes cannot be used in conjunction with any other promotion code or offers, other than virtual gift cards, and must be redeemed by the date published, if provided.
DELIVERY TERMS AND SHIPPING RESTRICTIONS ON CERTAIN PRODUCTS
Darmaki insures each purchase during the time it is in transit until it is delivered to your specified delivery address. Darmaki will deliver all products to the delivery address in your order subject to the following terms.
Darmaki requires a signature on delivery of all orders. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you by placing an order or a pre-order you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by Darmaki.
We aim to accept and dispatch all orders in the time periods set out in our Delivery, Returns & Exchange Policy published on our site, if the products are in stock or have been received into stock; however, longer time periods may apply during sale periods or during a period of heavy demand. All stated delivery times are estimates only and should only be used as a guide. For pre-orders, no delivery times are given and delivery will depend on receipt of the products into stock from our factories and any estimates as to when products will be received into stock are purely indicative and may change.
You must comply with Section 10 (Import Duties and Taxes), which requires you to pay all import taxes and costs and will be subject to the following requirements. You are also responsible for obtaining at your own risk and expense any import license or other official authorization or other documents to obtain import of the products and you must carry out any customs formalities (including appointing and paying import agents) necessary for the import of the products. Darmaki is not responsible for any delays caused by destination customs clearance processes and you must pay all additional costs incurred, if you fail to arrange and pay for any import costs or charges or fail to carry out your responsibilities above.
Due to international trading agreements and regulations, Darmaki must adhere to particular shipping restrictions. As a result, we are unable to send exotic skins such as snakeskin and crocodile outside of the Europe. If you add a product to your shopping bag that we are unable to ship to your country, it will be automatically removed from your shopping bag at check out. Alternatively, you can change your shipping address to a delivery address in the Europe, as such restrictions do not apply for delivery in the Europe.
Further, title to the products will pass to you on delivery. Risk in the products will pass to you also on delivery, unless you fail to comply with your import responsibilities under Section 10 (Import Taxes and Duties) or this Section (Delivery Terms and Shipping Restrictions on Certain Products), in which case risk will pass at the point you fail to comply with those responsibilities.
OUR STANDARD RETURNS AND EXCHANGES POLICY
This Section 15 sets out our standard policy for returns and exchanges (the “Darmaki Standard R&E Policy”) for the UK, Europe (except where the CRs apply) and all other countries that we deliver to outside the UK and Europe (the “Rest of the World”) and we agree to allow you to return your products for a refund or exchange in accordance with the following policy. This is an alternative to cancellation under the Consumer Contract (Information, Cancellation and Additional Charges) Regulations 2014 (“CRs”), covered by Section 16 (Cancelling Your Order Under the Consumer Contract Regulations) below. The CRs shall automatically apply to all customers in the UK, Europe or where an order is being sent to a European address. If you are such a customer, we will assume you are cancelling under the CRs, however, if you request a return authorization code we will assume you are cancelling your order under the Darmaki Standard R&E Policy.
When you request a return, you must either specify that you would like a refund or an exchange within 14 days from the day you receive your ordered product, in accordance with Section 15.3 (Delivery and Collection of Returns and Exchanges) below. All products being returned must be returned in full including in their original condition, unused, undamaged, unsoiled, unaltered and complete with all original Darmaki packaging. All boxes, dust bags, heel tips, and all other things included with your purchase should be included with your return and are deemed part of the product. All shoes should only be tried on a carpeted surface until you are certain you are keeping them. We are not obliged to accept returns that do not meet the above conditions and we may (a) refuse a refund in such case and (b) send such products back to the customer or require the customer to arrange for their collection from us, in each case at the customer's cost.
Unless you have asked for an exchange, we will refund to you the price, for the returned products, within 14 days of receiving the products back at our warehouse in compliance with the return conditions above, less any shipping charges and your refund will be credited to the original payment card. Card refunds may then take up to 10 business days for your bank to complete, depending on their processing time. You will receive a notification email upon completion of your refund.
Unless the products were received by you damaged or faulty, we will not be obliged to refund to you any shipping or any amounts paid by you to us with respect to export or import taxes and costs. Further, import taxes and costs, whether paid by you directly or paid by you to us, may be non-refundable. You may however be able to recover import taxes and costs by contacting your local customs bureau directly.
Returned products, to the extent paid using a virtual gift card, will not be refunded in cash and will be refunded only as value to the virtual gift card or as a separate virtual gift card.
EUROPE AND THE REST OF THE WORLD: Different delivery charges will apply for addresses in Europe and the Rest of the World. Such delivery and collection charges are set out on our site.
If you ask for an exchange, you may only exchange your products for the same colour product, but of a different size. You may not exchange your products for a different product or the same product of a different colour, unless we agree on a case-by-case basis in our sole discretion at the time. Exchanges will be subject to stock availability. We will notify you if an exchange is possible.
Exchange products will be dispatched to you upon our warehouse having received the original products (or any previous exchanges) in the return condition required above and all other delivery and collection charges have been paid by you. Where there is difference in price between the exchange products and the original products, either you must pay the difference before we are obliged to supply the exchanged products using the original payment card or we must refund you the difference in accordance with the refund terms above, less any deductions or withholdings we are entitled to make, each as the case may be. In respect of further exchanges, we may, at our sole discretion, refuse such further exchanges for a product after the first exchange, particularly, if we have reason to suspect that you are not acting in good faith.
REST OF THE WORLD: Exchanges delivered to destinations in the Rest of the World will be processed for customs clearance and therefore any relevant import duty and tax charges may apply. This means that you will be responsible for paying for import taxes and costs for the exchange products and arranging for their import in accordance with Section 11 (Import Duties and Taxes) and Section 14 (Delivery Time and Shipping Restrictions on Certain Products).
15.3 DELIVERY AND COLLECTION OF RETURNS AND EXCHANGES
The following shall apply for all returns and exchanges under the Darmaki Standard R&E Policy and not where the cancellation of an order is under the CRs. In order to return or exchange an ordered product, you must request a return authorisation code (“RAC”) within 14 days from the day you receive your ordered products. Otherwise, you will cease to have any right for a refund or exchange under the Darmaki Standard R&E Policy. An RAC can be requested and returns can be arranged within your “MY ACCOUNT” page on our site, if you have registered for an account with our site. Alternatively, you can request an RAC by emailing email@example.com. All returned products should include the RAC as well; unidentified returns may be returned to the sender and the Darmaki Standard R&E Policy will cease to apply to such products. You must allow us to collect your unwanted products from you or return your unwanted products to us, as directed by us, within 14 days of receiving your RAC from us or by such later time as we may allow.
Where you are returning the products, the unwanted order must be returned to DARMAKI LIMITED Office 330, 56 Gloucester Road, Kensington, London, SW7 4UB, United Kingdom. Except for the first successful collection attempt of an original product, which is offered free of charge, such products and the costs associated with their return to us, including shipping costs will be at your own expense and such products will remain your full responsibility and at your risk until accepted at our warehouse. We recommend that you return the products to us by secure means to ensure that they reach us in good condition and insure the return shipment, as you are under a duty to take reasonable care of the products and will be liable for damage to them until we receive them at our warehouse.
Where Darmaki collects the returned products, the following terms shall apply. Our customer care team will contact you to arrange collection and schedule the collection time with you. You must strictly observe the collection time agreed. Collection will be from the same address the ordered products were delivered to, but, at our sole discretion, you may nominate another reasonable collection address (e.g. a work address). Except for the first successful collection attempt of an original product, which is offered free of charge, all costs for collection of any products you are returning, including original products supplied to you under your order and any exchange products you are returning under your order and any collection attempt fails (other than due to our fault), shall be at the customer’s expense. The applicable collection charge will be the collection charge as stated by our elected courier company at the time you make your return request.
EUROPE AND THE REST OF THE WORLD: The returned products will remain at your risk until they arrive at and are accepted by our warehouse (except for any loss or damage caused by our acts or omissions or those of our carrier). Different collection charges will apply for Europe and the Rest of the World addresses, as set out in our delivery and collection charges on our site.
CANCELLING YOUR ORDER UNDER THE UK’S CONSUMER CONTRACT (INFORMATION, CANCELLATION AND ADDITIONAL CHARGES) REGULATIONS 2013
This Section 16 sets out our policy in relation to cancellations using cancellation rights under the Consumer Contract (Information, Cancellation and Additional Chargers) Regulations 2013 (“CRs”). This is an alternative to cancellation under the DarmakiStandard R&E Policy under Section 15 above and shall only apply automatically to customers in the UK, Europe or where the order is being sent to a European address. The CR cancellation rights are not applicable to customers outside the UK, Europe or where an order is being sent to a non-European address. Where the CRs are not applicable, the Darmaki Standard R&E Policy shall apply. If you are a customer in the UK, Europe or where an order is being sent to a European address, we will assume you are cancelling under the CRs, however, if you request an RAC from us or through your account on our website we will assume you are cancelling your order under our Darmaki Standard R&E Policy. Once you have chosen to cancel under the CRs, the DarmakiStandard R&E Policy set out in Section 15 shall not apply.
The CRs are only available to you are resident in a country in UK and Europe or the products are for delivery in Europe. To exercise your right, you must give us written notice of cancellation at any time after your order has been placed, within 14 working days from the day after the day on which you receive the products you ordered and return the cancelled order within 14 days of such cancellation notice. Notice should be provided in the form set out below and must be given in writing to Darmaki , Darmaki Limited Office 330, 56 Gloucester Road Kensington, London, SW7 4UB, United Kingdom, (trading as darmaki)
I, [customer to insert name] hereby give notice that I cancel my contract of sale of the following goods ordered on [date to be inserted by customer] and / or received on [date to be inserted by customer].
[detail of goods to be inserted by customer]
Name of the customer:
Address of the customer:
Signature of customer
You may use the above model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
You are obliged to take reasonable care of the products and keep them in your possession. All products must be returned in full complete with all packaging. All boxes, dust bags, heel tips and all other things included with your purchase should be included with your return and are deemed part of the product.
For orders cancelled under the CRs, you will be refunded the amount you paid, including delivery charges for the original order and refunds will be given as soon as possible upon receiving the cancelled goods and in any event within 14 days of our receiving your cancelled goods or (if earlier), 14 days after the day you provide evidence that you have returned the goods. Import taxes and costs paid by you may not be not covered by the above refund (unless you paid us for those import taxes and costs). You may however be able to recover import taxes and costs by contacting your local customs bureau directly. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
Where you are returning the products, you must return the entire order to us at your cost, you are liable for return shipment costs and the products remain your full responsibility and at your risk until such products arrive at and are accepted by our warehouse. You will need to return the products to us by secure means using our nominated courier to ensure that they reach us in good condition, at your own cost. We recommend that you insure the return shipment as you are under a duty to take reasonable care of the products and will be liable for damage to them until we receive and accept such products at our warehouse. In case of dispute, we also recommend you retain proof of sending. If you return the products at our expense, we may re-charge you such expense. Products should be returned to us promptly and within 14 days of giving us your notice of cancellation and returned toDARMAKI LIMITED Office 330, 56 Gloucester Road, Kensington, London, SW7 4UB, United Kingdom Where Darmaki collects the returned products, the following terms shall apply. We may at any time arrange to have the products collected from you. You must also allow us to collect your unwanted products from you on written request from us. We may deduct from any refund any costs of returning the products to us we are entitled to charge above, including where you return the products at our expense or we collect the products at your request.
If you cancel your order, we will reimburse to you all payments received from you, including the costs of delivery (except, to the extent relevant, for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
If you receive faulty products, you have the right to ask for a repair, exchange, reduction in the price or a full or partial refund, in accordance with the UK’s Sale of Goods Act 1979. Please email firstname.lastname@example.org with images of any of your purchases, which you consider have been delivered faulty.
Products are "faulty" if they do not conform to the implied terms under the United Kingdom Sale of Goods Act 1979, which require that our products must correspond to their description and be of satisfactory quality.
Special points to note: If your products become faulty within 6 months of your receiving them, then the law will treat them as having been faulty when you received them. Items that are damaged as a result of normal wear and tear are not considered to be faulty. If you ask for a refund, we may be entitled to reduce any refund to take account of any use you have had of the products since they were delivered to you. If you would like to exchange a faulty product instead of obtaining a refund, we can only replace it for the same product in the same size and any exchange is subject to availability. If you ask for a repair, we will do so only where possible and not disproportionate. If you ask for a repair or replacement and we do not provide one in a reasonable time or have reason for not providing one (other than due to your fault), then you will be entitled to exercise your right to ask for a reduction in price or refund.
We have made every effort to display as accurately as possible the colours of our products that appear on Darmaki. However, as computer monitors vary, we cannot guarantee that your monitor's display of any colour will be completely accurate.
OUR SITE AND CONTENT
You acknowledge that all copyright, designs, trademarks and all other intellectual property and material rights relating to our content is and remains our sole and absolute property and that you are granted no right, licence or interest in or to the same except for the browsing licence detailed below. All our content is protected by national intellectual property and other laws and international treaty provisions.
You are granted a licence to download and view such of our content as we enable to be downloaded, using a web browser and to keep a copy of our content that you download in your browser cache for off-line browsing, provided that you shall delete any copy of our content which you hold on request or in any event when our content is expressed to expire in any HTTP expires header. This site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any content, software, products or services contained within this site. You may not use this site or any of its contents, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own site. Any reproduction or redistribution of our content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of our content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
Our site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any content, software, products, or services contained within this site. You may not use this site or any of our content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own site.
Darmaki takes reasonable care to ensure that the information on this site is accurate and complete. Darmaki does not promise that Darmaki's content is accurate or error-free.
Darmaki does not promise that the functional aspects of the site or Darmaki’s content will be error free or that this site, our content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
For the purposes of this Section 20 "your content" is any graphics, photographs, images, sounds, music, video, audio or text which you upload to our site, including into your account or into any feedback, review, forum or other interactive system forming part of or accessed through our site.
You also grant Darmaki perpetual, irrevocable, royalty free, transferrable, license, with the right to grant sub-licenses, to copy, edit and do anything else whatsoever with your content, including, where your content is provided to a public section of our site, publication and republication in any form or media in any part of the world. You waive all moral rights (including to be identified as author) in relation to your content.
You warrant that and shall ensure that you have the right to grant the license above and that the exercise by us of that license shall not infringe any copyright or other intellectual property rights in any part of the world. You warrant that and shall ensure that your content is not confidential, unlawful, defamatory, racist or libelous, incitement to hatred or violence, detrimental to people, institutions or religions or to people's privacy, capable of causing harm to minors or unwarranted distress to any person, detrimental to our trade marks or our content, personal data of a third party, using our site to promoting and advertise any businesses, product, service or other thing. Our site is available to the public and information that is confidential should not be posted to this site.
Darmaki reserves the right at its sole discretion not to publish or to remove any of your content for any reason whatsoever.
You agree that you will be personally responsible for your use of this site and for all of your communication and activity on and pursuant to this site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users or otherwise violated the Terms & Conditions we may deny you access to this site on a temporary or permanent basis.
LIMITS ON OUR LIABILITY
We shall not be liable for any loss, damage, liability, expense, cost or any other losses, whether direct, indirect or consequential (collectively, "Loss") relating to you or any other third party, including, without limitation, to any Loss relating to profit, goodwill, reputation, corruption of data whether arising out of your use, delay or inability to use our site or its content, arising in contract, tort (including negligence), was not foreseeable at the time or was outside Darmaki ’s reasonable control or otherwise, except in the case of death or personal injury or where otherwise caused directly by our negligence or fraud, in each case as held by a final court of competent jurisdiction. This shall not affect any rights that you have under law.
You acknowledge and agree that no joint venture, partnership, employment or agency relationship exists between you and Darmaki as a result of the Terms & Conditions, your use of this site or any orders you submit. You agree that you may not and will not hold yourself out as a representative, agent or employee of Darmaki and we shall not be liable for any representation, act or omission on your part.
If you breach the Terms & Conditions and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the Terms & Conditions.
GOVERNING LAW AND JURISDICTION
The Terms & Conditions, any contract with you arising out of your registration with our site or any order for any products you place with us and any contractual or non-contractual claims relating to the products, together with all our policies and procedures, will be governed by and construed in accordance to the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction in relation to the same.
SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.
SECTION 2 - CONSENT
How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at email@example.com or mailing us at:
Darmaki Limited, 14A St. Lukes Road,London GB W11 1DP
SECTION 3 - DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
SECTION 4 - SHOPIFY
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).
SECTION 5 - THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
Our store uses Google Analytics to help us learn about who visits our site and what pages are being looked at
SECTION 6 - SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
SECTION 7 - COOKIES
Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.
_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).
_shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
_secure_session_id, unique token, sessional
storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.
PREF, persistent for a very short period, Set by Google and tracks who visits the store and from where
SECTION 8 - AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at firstname.lastname@example.org or by mail at
[Re: Privacy Compliance Officer]
Darmaki Limited, 14A St. Lukes Road,London GB W11 1DP