Terms and conditions

These Terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

Information about us and how to contact us
2.1 Who we are? We are DPMSupplies Ltd, a company registered in Scotland. Our company registration number is SC621392 and our registered office is at 6 Chemiss Road, Methilhill, Leven, KY8 2BP.
2.2 How to contact us. You can contact us by writing to us at enquiries@dpmsupplies.co.uk or 6 Chemiss Road, Methilhill, Leven, KY8 2BP.
2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order for one or more products, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements or because we have identified an error in the price or description of the product.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the UK. Our website and app are solely for the promotion of our products in the UK. Unfortunately, we do not deliver to addresses outside the UK

Our Policy
4.1 Products may vary slightly from their pictures. The images of the products on our website or in our app are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website or in our app.

Our rights to make changes
5.1 Minor changes to the products. We may change the product: a. to reflect changes in relevant laws and regulatory requirements; and b. to implement minor technical adjustments and improvements, for example to address a safety issue. These changes will not affect your use of the product.
5.2 More significant changes to the products and these terms. In addition, we may make changes to these terms or the product at any time, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.

Providing the products
6.1 Delivery costs. The costs of delivery will be as displayed to you on our website or in our app.
6.2 When we will provide the products. During the order process we will let you know when we will provide the products to you.
6.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event that is outside of our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
6.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the delivery driver will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
6.5 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect your products from a delivery depot we may contact you for further instructions. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 9.2 will apply.
6.6 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us.
6.7 When you own goods. You own a product which is goods once we have received payment in full.

Your rights to end the contract
7.1 You can end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract: a. If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2; b. If you have just changed your mind about the product, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods; c. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 10.
7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are: a. we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 5.2); b. we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed; c. there is a risk that supply of the products may be significantly delayed because of events outside our control; or d. you have a legal right to end the contract because of something we have done wrong.
7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
7.4 Our goodwill guarantee. Please note, these terms reflect the goodwill guarantee offered by DPM Supplies Ltd of 6 Chemiss Road, Methilhill, Leven, KY8 2BP to its UK customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (see clause 10.2): Right under the Consumer Contracts Regulations 2013 How our goodwill guarantee is more generous 14 day period to change your mind. 20 day period to change your mind.
7.5 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of: a. products liable to deteriorate or expire rapidly; b. products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and c. any products which become mixed inseparably with other items after their delivery.
7.6 How long do I have to change my mind? You have 20 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 20 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.

How to end the contract with us (including if you have changed your mind)
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following: a Email. Email us at enquiries@dpmsupplies.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address. b By post. Print off the form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
8.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post the goods back to us at 6 Chemiss Road, Methilhill, Leven, KY8 2BP. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
8.3 When we will pay the costs of return. a. We will pay the costs of return: i. if a product is faulty or misdescribed; or ii. if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong. b. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
8.4 How we will refund you. We will refund you the price you paid for the product including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
8.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind, we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
8.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 8.2

Our rights to end the contract
9.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if: a. you do not make any payment to us when it is due, and you still do not make payment within 14 days of us reminding you that payment is due; or b. you do not, within a reasonable time, allow us to deliver the products to you or collect them from a local depot.
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
9.3 We may withdraw a product. We may write to you to let you know that we are going to stop providing a product. We will refund any sums you have paid in advance for products which will not be provided

If there is a problem with a product
10.1 How to tell us about problems. If you have any questions or complaints about a product, please contact us. You can write to us at enquiries@dpmsupplies.co.uk or 6 Chemiss Road, Methilhill, Leven, KY8 2BP.
10.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.

Price and payment
11.1 Where to find the price for a product. The price of a product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of a product advised to you is correct. However please see clause 11.2 for what happens if we discover an error in the price of a product you order.
11.2 What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where a product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If a product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
11.3 When you must pay and how you must pay. We accept payment with PayPal and most debit and credit cards. You must pay for the products before we dispatch them.
11.4 What to do if you think a purchase receipt is wrong. If you think a purchase receipt is wrong, please contact us promptly to let us know.

Our responsibility for loss or damage suffered by you
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; and for defective products under the Consumer Protection Act 1987.
12.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Your personal information
13.1 How we may use your personal information. We will only use your personal information as set out in our Privacy policy.

Other important terms
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
14.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
14.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
14.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, disputes may be submitted for online resolution to the European Commission Online Dispute Resolution.

Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract) To DPM Supplies Ltd, 6 Chemiss Road, Methilhill, Leven, KY8 2BP, enquiries@dpmsupplies.co.uk

I/We [*] hereby give notice that
I/We [*] cancel my/our [*] contract of sale of the following goods,
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s)
(only if this form is notified on paper),
Date [*] Delete as appropriate
© Crown copyright 2013.