TERMS & CONDITIONS
BY CONTINUING TO USE THIS WEBSITE YOU ARE CONFIRMING THAT YOU ACCEPT OUR TERMS AND CONDITIONS OF USE SET OUT BELOW. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS, YOU MUST LEAVE THIS WEBSITE
BY PLACING AN ORDER TO PURCHASE GOODS AND/OR SERVICES ON THIS WEBSITE YOU CONFIRM THAT YOU ACCEPT OUR TERMS AND CONDITIONS OF PURCHASE SET OUT BELOW
- About us.
This Dallaswear website (www.atomicsafe.com) is owned and provided by Dallas Wear Limited (Dallaswear). Dallaswear is incorporated in England and Wales under company number 04301247. Our VAT Number is GB788 0393 86. If you require any further information regarding this website, our services, terms and conditions or to raise a complaint please contact us by one of the following methods:
|Telephone||Customer Services: 020 7247 6435|
|Unit 6, Avenue Business Park
|Fax||020 8523 3323|
- Dallaswear Partners.
Dallaswear has business relationships with a number of third parties and some of the goods and services available on or through this website are provided by those third parties. Each Dallaswear Partner has its own terms of business and privacy practices and you should check that you are satisfied with them before you agree to take any of their goods or services.
- Offers, promotions, software and downloads
Dallaswear group companies and Dallaswear Partners may occasionally promote their goods or services on this website or through other direct marketing initiatives or may make software and other materials available for you to purchase or download. Whilst we carry out some checks on Dallaswear Partners and try to encourage them to offer good quality products, services and materials at competitive prices we have no control over them, or give you any assurances about the products or services they offer, or that they will be suitable for your needs. It is your responsibility to satisfy yourself in this regard and we have no liability in connection with the same.
- Purchasing goods and/or services.
If you purchase any goods or services from dallaswear.com, you do so under the following terms and conditions.
Terms and Conditions for Ordering Goods and/or Services from dallaswear.com
THESE TERMS AND CONDITIONS CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND ARE LEGALLY BINDING. YOU SHOULD PRINT AND KEEP A COPY OF THEM FOR YOUR RECORDS
- Age restrictions
We only accept orders from persons aged 18 or over. By placing an order, you are confirming that you are in this age range.
- Placing an order
It is your responsibility to check that your order is accurate before submitting it to us.
All prices on this website are in pounds sterling. Where applicable prices include VAT. We take care to ensure that all pricing information on our website is accurate but occasionally there may be an error. We verify pricing at our despatch centre. If you believe you have been charged the incorrect price, you should contact us and we will refund any overpayment
- Accuracy of information
We try to ensure that all information and colours are correct at the time of their publication. However, the representation of colours on your browser may differ from the actual colours of products supplied. Any typographical, clerical or other error is subject to correction without any liability on our part. Any advice or recommendation given on this website or otherwise given to you by us, or any of our employees or agents, is followed or acted upon entirely at your own risk and we are not liable for such advice or recommendation.
- Concluding a binding contract
When we receive an order from you to purchase items from us, we will confirm that we have received the order by sending an email to the address provided by you in your order. Your order is an offer to purchase an item and will not be binding on us until the earlier of us sending you an email to confirm that we have dispatched that item to you or you receiving the item.Pre-orders.
Occasionally we may make goods or services available for pre-order. If you place a pre-order, we will take payment. If we are, for any reason, unable to supply the order to you, for example, if our supplier is unable to supply us or if the goods/services are not suitable for you, we will notify you and offer you an alternative. If the alternative is not acceptable then Dallaswear will refund the full amount paid.
- Payment and refunds.
In providing payment card details, you confirm that you are authorised to use the card and authorise us or our payment service provider to take payment in full for the items in your order, packing, postage and delivery charges and any other charges that become due to us under these terms. Refunds, if applicable, will only be made using the payment gateway and/or to the card originally used for payment.
We reserve the right to change the specification of items which are required to conform to any applicable standards or European Union requirements. We try to have sufficient stocks of goods to meet demand but occasionally, items may be out of stock or unavailable from our suppliers. All items sold through this website are subject to availability. If any of the items on your order are not available we may send a substitute of similar specification.
- Delivery of orders.
Items will usually be delivered within 14 working days. Where a Mobility Technician is needed to install an item, it will usually be delivered within 10 working days. Note it is your responsibility to ensure clear access for delivery and installation of these items and we will not be liable for any damage caused by inadequate access. Delivery timescales are estimates only unless you have paid for a 'Next Day Delivery' or other premium delivery service (where this is available). If you do not receive your order within 15 days of us confirming your order (or the next day if you have paid for a 'Next Day Delivery' or other premium delivery service, you should notify us and we will investigate why you have not received your delivery.
If your item is being delivered using our courier delivery service please note that items will only be delivered to the building's main access door. It is your responsibility to ensure there is clear access for delivery of your item/s and we will not be liable for delayed deliveries due to inadequate access.
- Notification of errors.
You should check the content of each delivery promptly upon receipt. If you believe that items have been sent to you in error, you should contact us immediately.
- Cancellation rights and damaged/faulty items.
You have a statutory 'cooling-off' right, which entitles you to cancel your order within 14 working days of receipt of the goods in your order (certain exceptions apply). You also have rights in respect of items that are damaged on receipt or faulty. Details of these rights and how to exercise these rights are set out in the email we send to you to confirm your order and in our Returns Policy below.
Consumers have the right to cancel orders for goods or services that have been placed on dallaswear.com for up to 14 working days after the date on which the item(s) are delivered. This is called the 'cooling off period'.
This right does not apply to certain items such as:
- any appliance that is made from materials that may be distorted if worn
- any item which requires us to provide a service before approving the item for supply - provided that we have begun to provide the service with your agreement.
- Any item that is made or customised to order.
To exercise your cancellation right, you should follow the instructions in 'How to Return Items' below.
You have a legal responsibility to keep the items in reasonable condition and in your possession until they are returned to us. This includes, for example, keeping any hygiene seals and clear plastic wrappings in place.
Your rights under the Distance Selling Regulations are to have the opportunity to inspect items you receive from us. Unless it is necessary to remove any hygiene seal or wrapping to inspect or assess an item, removal of such packaging shall be deemed to constitute a failure on your part to keep the items in reasonable condition and you will be in breach of your legal obligations. We are entitled to exercise our statutory rights in recovering any losses we incur in this respect.
Once we receive notice from you that you wish to cancel your order we will refund the purchase price for that item together with the packing and postage / delivery charge you paid to us for that item (if any). If you paid for one of the special delivery options such as Next Day Delivery we will only refund the basic delivery charge that would have been payable for that item. You will have to pay the cost of returning the item to us.
If you wish to cancel an item after the cooling off period, provided you return the item to us within 14 days of the end of the cooling off period and in re-sellable condition we will refund the purchase price you paid for that item. We will not refund the packing and postage / delivery charge you paid to us for that item and you will have to pay the cost of returning the item to us.
Please note, Dallaswear Partners have their own terms of business and procedures for exercising cancellation rights. If you purchase an item or service from a Dallaswear Partner, you should check your rights before placing your order.
Damaged and Faulty Items
If any item we have supplied is damaged on receipt or, within 3 months of supply, develops a fault, we will ask you to return the item to us for inspection. We will then replace or repair the item free of charge or refund the price you paid for it together with any packing and postage / delivery charges you paid to us for delivery of that item. If you paid for one of the special delivery options such as Next Day Delivery we will only refund the basic delivery charge that would have been payable for that item. You may have additional manufacturers' warranties with some products such as electrical items giving you additional rights and you should check these carefully.
How to return items
Damaged and faulty items. To return a damaged or faulty item you must follow the instructions on the Shipment Note included in the delivery. For small damaged and faulty items that you return to us we will provide a freepost address or prepaid label which will be of no cost to you.. For large, extra large or high value items we will normally offer to collect them from you again at Dallas Wear Ltd cost.
Cancelled items. To return an item you wish to cancel you must follow the instructions on the Shipment Note included in the delivery. You may return the items to us by your own preferred method. However, if you require us to collect the item, the following charges will apply:
|DETAILS OF ORDER||PACKING, POSTAGE / DELIVERY CHARGE|
|Small items i.e. totaling up 2kg in weight||£5.95|
|Large items up 25kg
Courier Collection Service
|Extra large items over 25kg
Dallaswear Own Transport Collection
Courier Collection Service
(England, Wales and Scotland)
(**all Bed collections for England, Wales and Scotland return is £110)
|* if you arrange a COURIER collection but there is nobody at the address who can hand over the delivery on the date agreed, you will be charged a re-collection charge of [£10.00]
† if you arrange for a Dallaswear Own Transport collection but there is nobody at the address who can hand over the delivery on the date agreed, you will be charged the full amount to reschedule this collection.
Our maximum liability for our failure to fulfill an order that we are legally bound to fulfill will be limited to the price paid by you for that order.
HEALTH AND SAFETY WARNING
Electrical products sold on this website are deigned for use in the UK and, if fitted with a plug, it will be a UK plug. They may not be suitable for use in other countries and you should check with the manufacturer before using them outside the UK.
You should read the instructions that come with the packaging before using the product and observe any specific warnings given by the manufacturer.
Medical electrical products
Not all medical electrical products are suitable for all medical ailments and, occasionally, their use may interfere with any treatment you are receiving or aggravate a condition. You should check with your GP or occupational therapist before using any medical electrical product.
NOTHING IN THESE TERMS AND CONDITIONS SHALL AFFECT YOUR STATUTORY RIGHTS
- Ownership of materials and licence terms.
This website and the materials and software on it, or provided to you through it, are protected by copyright, trade mark and other intellectual property rights and laws throughout the world and are owned by, or are licensed to Dallas Wear Ltd and/or third parties. You are permitted to display the materials on this website on a computer screen and, save for restricted access documents, to download and print a hard copy for your personal use or for obtaining products or services from us provided you do not alter or remove any of the content or any part of the website without our express written permission to do so and that you do not change or delete any copyright, trade mark or other proprietary notices.
You are permitted to establish a link to this website from other sites provided that, if we believe it would damage Dallaswear or a Dallaswear Partner, you remove the link immediately if we ask you to do so.
You agree not to:
- copy, reproduce, store (in any medium or format), distribute, transmit, modify, create derivate works from all or any part of this website or the materials or software on it, or provided to you through it, without our prior written consent (which may be given or withheld in our absolute discretion)
- use this website or any of the materials or software on it, or provided to you through it, for:
- any unlawful purpose or in contravention of applicable law
- commercial exploitation without our prior written consent
- any purpose or in any manner that may give a false or misleading impression of us, our staff or our services
- use, upload or transmit
- any material that is defamatory, offensive, obscene or otherwise unlawful, or which may cause offence or distress or which may affect or infringe the rights of any other person
- any device, software, file or mechanism which may interfere with the proper operation of this website or our systems
- decompile, disassemble or reverse engineer (or attempt to do any of them) any of the software or other materials provided on or through this website
- do anything that may interfere with or disrupt this website or our service
- encourage or permit others to do any of the above
IN THE EVENT THAT YOU DO NOT COMPLY WITH THE ABOVE RESTRICTIONS, ANY PERSON AFFECTED BY YOUR ACTIONS MAY BRING A CLAIM AGAINST YOU AND/OR DALLASWEAR. WE WILL PURSUE A CLAIM AGAINST YOU FOR ANY LOSSES AND COSTS (INCLUDING LEGAL COSTS) WE MAY SUFFER AS A RESULT OF YOUR ACTIONS
- Suitability of materials
We do not give any assurance that the materials provided or available to you on or through this website are suitable for your requirements or that they will be secure, error or virus free and we will have no liability in respect of those materials.
- Website availability
This website is provided free of charge and we make no guarantee that it will be uninterrupted or error free. We reserve the right to modify, suspend or withdraw the whole or any part of the website or any of its content at any time without notice and without incurring any liability.
- Links from this website.
We may, from time to time, provide links from this website to websites that are owned and controlled by third parties. These links are provided only for your convenience and we have no control over and will have no liability in respect of those websites.
We may monitor activity and content on this website and may take any action we consider appropriate if we suspect you may be in breach of these Terms and Conditions including suspending, attaching conditions to or terminating your access and/or notifying the authorities or relevant regulators of your activities.
- Accuracy of information
We take care to ensure that all information available on our website about our business, services and any products mentioned is accurate. However, these are continually developing and, occasionally, the information may be out of date. Medical, commercial and legal practice change frequently and the content on this website, in of any newsletters and in other items offering guidance have been prepared for general interest only and are not a substitute for specific medical, legal or other professional advice and should not be read or used as such. For accurate up-to-date information you should contact us and/or your GP directly.
ALTHOUGH WE TAKE CARE TO ENSURE THAT ALL MATERIAL ON THIS WEBSITE IS CORRECT AND SUITABLE FOR USE BY OUR CUSTOMERS, MISTAKES MAY, OCCASIONALLY, OCCUR AND DALLASWEAR DOES NOT GIVE YOU ANY ASSURANCES THAT THE MATERIAL ON THIS WEBSITE IS ACCURATE, COMPLETE OR CURRENT OR THAT THE WEBSITE WILL BE FREE OF DEFECTS OR VIRUSES.
NOTHING CONTAINED IN THE PAGES OF THIS WEBSITE SHOULD BE CONSTRUED AS MEDICAL, COMMERCIAL, LEGAL OR OTHER PROFESSIONAL ADVICE. DETAILED PROFESSIONAL ADVICE SHOULD BE OBTAINED BEFORE TAKING OR REFRAINING FROM ANY ACTION BASED ON ANY OF THE INFORMATION OR MATERIAL CONTAINED IN THIS WEBSITE OR ANY COMMUNICATIONS PROVIDED TO YOU AS A RESULT OF YOUR REGISTRATION OR USE OF THIS WEBSITE.
- Use of this website outside England and Wales.
Dallaswear makes no claims or representations that any or all of the content of this website may be lawfully viewed or downloaded outside mainland UK and, unless otherwise specifically stated, the content and this website is directed solely at users who access this website from mainland UK.
IF YOU CHOOSE TO ACCESS THE WEBSITE FROM OUTSIDE ENGLAND AND WALES, YOU DO SO AT YOUR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAWS OF YOUR JURISDICTION.
- Liability for our mistakes.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (IN CONTRACT, NEGLIGENCE OR OTHERWISE) WHERE:
- . THERE IS NO BREACH OF A LEGAL DUTY OF CARE OWED TO YOU BY US;
- THE LOSS OR DAMAGE IS NOT A REASONABLY FORESEEABLE RESULT OF ANY SUCH BREACH; OR
- ANY LOSS OR DAMAGE OR INCREASE IN LOSS OR DAMAGE RESULTS FROM A BREACH BY YOU OF THESE TERMS AND CONDITIONS.
NOTHING IN THESE TERMS AND CONDITIONS EXCLUDES OR LIMITS OUR LIABILITY FOR FRAUDULENT MISREPRESENTATION OR FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.
NOTHING IN THESE TERMS AND CONDITIONS SHALL AFFECT YOUR STATUTORY RIGHTS
- Third party rights
Nothing in these Terms and Conditions is intended to nor shall it confer a benefit on any third party under the Contracts (Rights of Third Parties) Act 1999 and a person who is not a party to these Terms and Conditions has no rights to enforce them.
No delay or decision not to enforce rights under these terms and conditions will constitute a waiver of the right to do so and will not affect rights in relation to any subsequent breach.
- Governing law
These Terms and Conditions are subject to the laws of England and Wales and each of us hereby submits to the non-exclusive jurisdiction of the English and Welsh courts.
WE RESERVE THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME. THE NEW VERSION WILL BE POSTED ON THIS WEBSITE AND WILL TAKE EFFECT IMMEDIATELY UPON POSTING.
IF YOU USE THIS WEBSITE AFTER THE NEW TERMS AND CONDITIONS HAVE COME INTO EFFECT, YOU WILL BE INDICATING YOUR AGREEMENT TO BE BOUND BY THE NEW TERMS AND CONDITIONS