Duck Smart – Terms & Conditions
1.1 We operate the website www.duck-smart.com (our “Site“). Duck Smart Ltd is a company registered in England and Wales under company number 07718438 and with our registered office at 1007 London Road, Leigh-On-Sea, Essex SS9 3JY. Our VAT number is 121823152
1.2 If you have any queries or complaints regarding our Site, or any order you place with us, then please e-mail email@example.com.
2.1 This page (together with the documents referred to on it) tells you the terms and conditions (the “Terms“) on which we may sell the products detailed on our Site to you (our “Products“).
2.2 Please read these Terms carefully and make sure that you understand them, before ordering any Products from our Site. These Terms will apply to any contract between us for the sale of Products to you.
2.3 You will be asked to confirm your acceptance of these Terms before being able to place an order for Products through our Site. If you do not accept these Terms, you will not be able to place any orders.
2.4 We recommend that you print a copy of these Terms, or save them to your device, for future reference.
2.5 This page contains the current version of these Terms. However, we reserve the right to change, update or replace these Terms or any part of them by updating this page. Any orders for Products placed by you will be governed by the version of these Terms visible at the time that you place that order. Therefore, please ensure that you have read these Terms prior to each order, since they may have changed since you last placed an order for our Products.
Ordering From Our Site
3.1 Our Site is currently only intended for use by people resident in the UK. We do not accept orders from individuals outside the UK.
3.2 By placing an order through our Site, you confirm that:
(a) you are legally capable of entering into binding contracts;
(b) you are at least 18 years old; and
(c) you are resident in the UK and you are accessing the Site from within the UK.
3.3 Please note that the use of our Site to purchase goods is limited to the Products that are displayed on the Site. The description of the Products, price, VAT and delivery costs are set out on the Site. If you want to enquire about any other products or if you want to order customised products, please contact our offices on the email address shown above.
3.4 Parts of these Terms only apply if you are buying the Products as a consumer and parts only apply if you are buying as a business. We have made it clear at the relevant place(s) when this is the case.
How Is A Contact Formed Between You and Us
4.1 Please note that your order constitutes an offer to us to buy a Product. After placing an order, you will (where, in our sole discretion, we accept that offer) receive an e-mail from us acknowledging that we have received your order (an “Order Confirmation“).
4.2 Your order will be accepted by us when we send you the Order Confirmation. A contract between us (a “Contract“) will only be formed when we accept your order in this way.
4.3 We will also send you an e-mail that confirms when the Product has been dispatched (a “Dispatch Confirmation“).
4.4 A Contract will relate only to those Products which we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until we have issued a further Order Confirmation. Each order that you place with us which we accept by sending you an Order Confirmation will form a separate Contract between us on these Terms for the Products you have ordered.
4.5 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process. It is your responsibility, before submitting an order, to ensure that the Products selected meet your requirements and are suitable for your intended use of those Products (including their compatibility with any other products).
Cancellation By Us
5.1 If, for any reason, we are unable to supply a Product to you, for example because that Product is not in stock, or it is no longer available, we will notify you by email and set out details of any alternative, equivalent Products that are available to you (which will be at least equal or superior in quality and specification to the Products they replace) for your consideration and approval within 3 days.
5.2 Where you do not confirm your acceptance of any alternative Product we offer within 3 days of our offer, or if there are no reasonable alternatives available, we may cancel your Contract in respect of those Products by notifying you by email and we will give you a full refund of any sum charged to you under the Contract for those Products as soon as possible, but in any event within 14 days of your order.
Delivery Of Products To You
6.1 We will deliver the Products ordered by you to the address you give us for delivery at the time you make your order, using the method of delivery that you choose when you place your order. It is important that the address supplied by you is accurate.
6.2 We will use reasonable endeavours to fulfil your order and, unless there is an event outside of our control, we will deliver to addresses in the UK within 30 days of your Order Confirmation and to all other addresses within 45 days of your Order Confirmation.
6.3 Delivery will be completed when we deliver the Products to the address that you gave to us, and the Products will become your responsibility from the completion of delivery. We will not be responsible for any lost orders which are delivered to any “safe space” that you notify to us.
6.4 You will become the owner of the Products you have ordered when they have been delivered to you and when we have received cleared payment for them in full, including any delivery charges.
Customer Rights Of Cancellation
Please note that this clause 7 only applies to you in you are a consumer, and does not apply if you are ordering as a business.
7.1 Changing your mind
(a) If you are contracting as a consumer then, in addition to any rights you have for damaged or defective Products, you may cancel a Contract at any time within 30 days from the date you received the Products. In this case, you will receive a refund of the cost of the Products and the postage or delivery costs minus any non-standard postage or delivery costs in accordance with our refunds policy (set out in clause 9 below).
(b) To cancel a Contract in this way, you must inform us and return the Products to us as soon as reasonably practicable, and at your own cost (unless we have sent you substitute Products, in which case we will bear the costs of return). We can arrange for collection of the Products from you by our courier at an additional cost to you. You will take reasonable care of any Products you wish to return while they are in your possession. You have a right to inspect the Products but where any Product returned has been used by you while in your possession or the quantity of Products returned to us is lower than stated by you, we have a right to make a deduction for any associated loss of value.
7.2 If we make a mistake
(a) We strive for perfection with every order that is picked by our warehouse team. However, if you discover an error in your order, please contact us within 30 days of receipt and we will replace your item(s) or give you a full refund and pay for collection of the order to be returned to us. If you contact us after 30 days we will either replace your item(s) or, if that is not possible, offer you a full or (where we make any reasonable deduction for any use) partial refund.
7.3 Product testing
(a) Our customers may purchase our Products for a variety of different uses and are therefore responsible for their own product testing in relation to those uses. Our Advisors can give only you guidance on suitability of a Product for any purpose based on the information we have from the manufacturer and we cannot accept any liability for Product suitability for your specific requirements. If you wish to use Products for a specific use or purpose (other than a use or purpose specified, or use otherwise confirmed to us in writing by the manufacturer for that Product) you should initially purchase the Product in sufficient quantities to undertake all necessary testing for you to verify its suitability for your specific intended use or purpose, before making any bulk or multiple purchases.
7.4 Defective products
(a) All our Products are inspected before they leave our warehouse. Occasionally an item may get damaged in transit. If your order is damaged or defective, we would kindly ask that you send us proof of damage – for example a photograph in .jpeg or .png format submitted via the customer order portal on our Site or attached to an email to us. Where an item is damaged by the courier, we will raise a claim and ask that you complete any correspondence or questionnaire sent by the courier in relation to a loss or damage claim.
(b) Where we are satisfied that the Product is damaged, we will arrange for your damaged or defective order to be collected by the shipping company and pay for the return shipping of the items to us. Where you contact us within 30 days of the date you receive your order we will refund your order or, if you prefer, replace your items. If you contact us after 30 days we will either replace your items or, if that is not possible, offer you a full or (where we make any reasonable deduction for any use) partial refund.
7.5 If you are a consumer, please see our Consumer Returns Procedure for further details of our returns process and procedure applicable to your Contract.
Price and Payment
8.1 The price of the Products and our delivery charges will be as quoted on our Site from time to time. We take all reasonable care to ensure that the prices of the Products are correct at the time of publication. However, if you discover an error in the prices of the Products you ordered, please see clause 8.4 below for what happens in this event.
8.2 Payment for all Products must be by the methods specified on our Site. We will process your payment when we send you the Order Confirmation. We must receive payment of the whole of the price for the Products and any delivery charges before the Products can be dispatched to you.
8.3 Product prices are displayed inclusive of VAT (or other similar taxes or duties) on our Site. However, if the rate of VAT (or other similar applicable tax or duty) changes between the date of your order and the date of delivery, we will adjust the VAT (or other similar applicable tax or duty) you pay, unless you have already paid for the Products in full before the change takes effect.
8.4 Our Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Site may be incorrectly priced. We will normally verify prices as part of our order procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. Where a Product’s correct price is greater than our stated price then, if the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price and we may cancel your Contract by notifying you by email.
Our Refund Policy
9.1 If you return a Product to us:
(a) because you are a consumer and you have cancelled the Contract between us within the 30 day cancellation period (see clause 7 above), we will process the refund due to you as soon as possible and, in any case, within 14 days of the day on which you gave us notice of cancellation, provided that the Product is in its original condition, is not damaged on return or missing parts for reasons not due to our error. In this case, we will refund the price of the Product and the postage or delivery costs minus any non-standard postage or delivery costs. However, you will be responsible for the cost of returning the item to us; or
(b) because you are a consumer and you notify us within 30 days of delivery that the Product does not conform with clause 10.1 (below), we will refund you for the Product and the postage or delivery costs and either pay for collection of the goods or reimburse you for any reasonable costs you incur in returning the item to us. We will process any refund due to you as soon as possible and, in any case, within 14 days of the day on which you gave us notice of the non-conformity; or
(c) where we have agreed to give you a refund in any other circumstances, we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 14 days of the day we confirmed to you via e-mail that you were entitled to a refund.
9.2 Where you return a product to us for reasons set out in clause 9.1, we will refund any money received from you using the same method originally used by you to pay for your purchase.
9.3 If you are a consumer, please see our Consumer Returns Procedure for further details of our returns process and procedure applicable to your Contract.
10.1 Where you are purchasing Products as a consumer, we promise that the Products will:
(a) be of satisfactory quality;
(b) be fit for the purpose for which goods of that type are commonly supplied;
(c) correspond with the description and any specification for the Products on our Site;
(d) be free from minor defects; and
(e) will be of a satisfactory safety standard and durability.
10.2 Where you are purchasing Products as a business:
(a) we warrant that, in ordinary use (including in accordance with the purpose for which those Products are commonly intended and any applicable guidance provided in writing by the manufacturer), for a period of 90 days from the date of their delivery, the Products will comply with the description and specification set out on our Site and will be free from material defects; and
(b) except as expressly provided in these Terms, all warranties conditions or other provisions implied by statute or common law are excluded to the fullest extent permitted by law and, in particular (but without limitation), we do not make any warranty that the Products will be fit for any particular use or purpose and it is your responsibility to ensure that the Products meet your requirements.
10.3 We try to ensure that pictures of the Products on our Site are as accurate as possible, but such pictures are illustrative only. Technical limitations of presentation of the pictures and slight variations between the pictures and the Products themselves must be expected, and to the maximum extent permitted by law, we will have no liability for such limitations or variations
10.4 Where you are purchasing Products as a business, if you have a valid claim in respect of any of the Products which is based on any failure to meet the warranties set out in clause 10.2, we shall be entitled to replace the Products (or the faulty part in question) free of charge or, at our sole discretion, refund to you the price of the Products (or a proportionate part of the price). You must notify us of any problems with the Products or their delivery as soon as you reasonably can, and in any event within 14 days from the date of delivery.
10.5 The warranties for business customers in this clause are subject to the limitations on liability set out at clause 11.
Our liability if you are a business customer
11.1 We will not be liable for losses or damages arising from or in connection with the Products or with these Terms (including non-contractual disputes or claims) that fall into the following categories:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data;
(f) waste of management or office time;
(g) loss or damage to any materials, products or goods placed into or stored in the Products; or
(h) indirect or consequential losses.
11.2 Nothing in these Terms excludes or limits our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d) (if you purchase the Products as a consumer) for defective products under the Consumer Protection Act 1987.
11.4 Subject to clause 11.3, our total liability to you in respect of other losses arising out of or in connection with a Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed purchase price of the Products.
Our liability if you are a consumer
11.5 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
11.6 We only supply the Products for domestic or private use. You agree not to use a Product for any commercial, business or resale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.7 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, and fit for any particular purpose made known to us, and for defective products.
11.8 These Terms do not affect your statutory rights (if applicable) as a consumer.
Use Of Our Site
12.1 We will try to provide uninterrupted access to our Site, but access may be suspended, restricted or terminated at any time. Due to the nature of electronic transmission of data over the internet, and the number of users by whom the Site may be used, any liability we may have for any losses or claims arising from an inability to access the Site is excluded to the fullest extent permissible by law.
12.2 We are continually improving our Products, so specifications or designs may be changed at any time. We will use our reasonable endeavours to try and ensure that data on our Site is up to date and accurate. However, you should be aware that some information may be incorrect or incomplete. All information on our Site is subject to change at any time without notice. If you are a business customer, to the extent permitted by applicable law, we disclaim all warranties and representations (whether express or implied) as to the accuracy of the information on our Site. We do not guarantee that our Site will be fault free and do not accept liability for any errors or omissions. We cannot give any warranty that our Site is free from viruses or anything else that may have a harmful or unwanted effect on your computer or technology.
12.3 We will take all reasonable care to keep your order secure, but in the absence of our negligence or breach by us of any applicable law we cannot be held liable for any loss you may suffer if a third party obtains unauthorised access to any data (including credit and account details) you provide when ordering.
12.4 We are not liable for the content of any other website to which our Site has links.
12.5 Where we allow you to open an account on our Site, your user name and password are personal to you and are not transferable. You are responsible for the correct use of the user name and password. We shall have no liability for any misuse of them and any breach of security should be notified to us immediately. You will be responsible for any payments due for Products ordered through the Site by anyone using your username and password.
Our Use Of Your Personal Information
14.1 The copyright in the material contained in the Site, together with the website design, text and graphics and their selection, and trade marks (registered or unregistered) and arrangement and all software compilations, underlying source code and software (including applets) belongs to us, our group companies or the providers of such information. All rights are reserved. None of this material may be reproduced or redistributed without our written permission.
14.2 Duck Smart is a trademark Involved. Other product and company names (if any) mentioned on this Site may be the trademarks or registered trademarks of their respective owners.
Communications Between Us
If you are a consumer
15.1 When we refer in these Terms to “in writing”, this will include email.
15.2 If you wish to contact us in writing for any other reason, you can send this to us by email to firstname.lastname@example.org or by pre-paid post to Duck Smart Ltd, Unit 8 Fulton Road, Manor Trading Estate, Benfleet, Essex, SS7 4PZ.
15.3 If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.
If you are a business
15.4 Any notice or other communication given by you to us, or by us to you, under or in connection with a Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or by email.
15.5 A notice or other written communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next day delivery services, at 9:00am UK time on the second working day after posting; if sent by email, one working day after transmission.
15.6 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15.7 The provisions of this clause shall not apply to the service of proceedings or any documents relating to legal action.
Events Outside Of Our Control
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (defined below at clause 16.2 as a “Force Majeure Event“).
16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks;
(f) the acts, decrees, legislation, regulations or restrictions of any government; and
(g) pandemic or epidemic.
16.3 Our performance under any Contract will be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
Third Party Rights
17.1 A person who is not party to these Terms or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
18.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
18.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
18.3 No waiver by us of any of these Terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 above.
19.1 If any court or competent authority decides that any of the provisions of these Terms or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
20.1 Where you are purchasing Products as a business, these Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract. We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the documents referred to in them. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. Nothing in this clause limits or excludes any liability for fraud.
20.2 Where you are purchasing Products as a consumer, we intend to rely upon these Terms and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms to be confirmed in writing.
21.1 If you have any queries or complaints regarding our Site, any order you place with us, or any of our Products then please e-mail email@example.com. We will seek to resolve your complaint in line with our internal complaints handling procedure.
21.2 If you are not happy with how we have dealt with your complaint, you may be able to refer the matter to the European Online Dispute Resolution Platform (ODR Platform) which is available at http://ec.europa.eu/odr. The ODR Platform is managed by the European Commission and is dedicated to helping consumers and traders resolve their disputes regarding online transactions out-of-court. Please visit http://ec.europa.eu/odr for further information about the ODR Platform and alternative dispute resolution services which may be available. Alternative dispute resolution services are services where an independent body considers the facts of a dispute and seeks to resolve it, without the customer having to go to court.
Law & Jurisdiction
22.1 Use of the Site and all Contracts for the purchase of Products through our Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.
23.1 These Terms are drafted in the English language. If they are translated into any other language the English language version shall prevail.