Terms & Conditions

1. Interpretation

In these Conditions:

‘Conditions’ means the standard Terms and conditions of sale set out in this document;

‘Contract’ means the contract for the sale of the Goods;

‘Payment Card’ means the credit or debit card or other payment system chosen by you to be used as the method of payment for the Goods of which you have provided details to us when placing the Order;

'Delivery Area' means the UK.

'Goods' which you have ordered including any instalment of the goods or any parts for them which are available for purchase from our Web Site in accordance with the Conditions;

‘Information System’ means a system for generating, sending, receiving, storing or otherwise processing electronic communications;

‘Order’ means any order placed by you with us for the supply of Goods;

‘Order Form’ means the electronic order form completed and submitted electronically by you;

‘Regulations’ means the Consumer Protection (Distance selling) Regulations 2000;

'Web Site' our presence on the world wide web, currently accessible via the address www.dubmonkeysworld.com.

Unless the context otherwise requires:-

• Words importing the singular shall include the plural and vice versa;
  
  
• Words importing the masculine gender shall include the feminine gender and vice versa;
  
  
• References to persons shall include bodies of persons whether corporate or incorporate.
  
• Unless the context otherwise requires references to clauses shall be construed as references to clauses of these Conditions.
  
  
• Headings are inserted for convenience only and shall not affect the construction or interpretation of these Conditions.

2. The contract between us

Dubmonkeys World Ltd must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide. Our acceptance of your order brings into existence a legally binding contract between us.

3. Our rights to refuse your order

3a. Dubmonkeys World Ltd reserves the right to refuse to accept your order for any reason including, without limitation and whether or not payment has been received by us, if:

• we have insufficient stock to deliver the goods you have ordered;
  
  
• we do not deliver to your area; or
  
  
• one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
  
  
• 3b. If we do refuse your order we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

4. Prices

• 4a. The price of the Goods shall be the price set out on the relevant page of this site. We reserve the right to change the prices set out on this site provided that if we accept an order from you the price for the goods will be the price set out in the relevant range at the time the order is placed.
  
• 4b. If the price of the Goods increases between the date we accept your Order and the delivery date, we will let you know and ask you to confirm by email that the new price is acceptable. If it is not acceptable then you will, of course, have the option of cancelling the order.
  
  
• 4c. In addition to the price of the Goods you will be liable to pay our charges for transport, packaging and insurance as shown on the Order Form.
  
• 4d. The total price is inclusive of any applicable value added tax.

5. Terms of payment

• 5a. Upon providing us with details of the Payment Card and submitting the Order you :
  
  Confirm and undertake that the information contained within the Order is true and accurate and that you are duly authorised to use the Payment Card; and Authorise us to deduct from the Payment Card account the full price of the Goods and all other payments which may become due to us under the Contract.
  
  
• 5b. The deduction of monies from your Payment Card does not mean that we have accepted your order nor does it mean that a contract has been formed between us. In the event that we reject you order we will credit your Payment Card with the amount deducted.
  
  
• 5c. If it is not possible to obtain full payment for the Goods from your account on delivery of the Goods to you, we can cancel the Order or suspend any further deliveries to you. This does not affect any other rights we may have.
  
  
• 5d. Where Goods are returned by you in accordance with your rights under the provisions set out below, we shall credit the Payment Card with the appropriate amount.
  
  
• 5e. We will take all reasonable care to keep all information connected with your order secure but we cannot be held liable for any loss that you may suffer if a third party obtains unauthorised access to any data, including credit and account details you provide when accessing or ordering from this Web Site, unless this is solely due to our negligence.
  

6. Right for you to cancel your contract

• 6a. You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the day after the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
  
  
• 6b. To cancel your contract you must notify us in writing or email
  
  
• 6c. If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
  
  
• 6d. Once you have notified us that you are cancelling your contract, any sum debited to us will be re-funded to you as soon as possible and in any event within 30 days of your order.
  
  
• 6e. If you cancel the contract but do not return the goods to us in the condition they were in when delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.

7. Delivery of goods to you

• 7a. Delivery of the Goods shall be made by us or our carrier to the address for delivery shown in the Order Form. It is important that this address is accurate. Please be precise about where you would like the Goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the Goods once they have been delivered in accordance with your delivery instructions.
  
  
• 7b. Whilst every effort will be made to ensure that any Goods ordered are delivered within the period specified for delivery of such goods on the relevant page and subject to our obligations under the Regulations, any dates quoted for delivery of the Goods are approximate only and we shall not be liable for any delay in delivery of the Goods however caused. Time for delivery shall not be of the essence of the Contract. The Goods may be delivered by us in advance of the estimated delivery date. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time.
  
  
• 7c. The Goods may at our discretion be delivered in instalments. Each delivery shall constitute a separate contract and failure by us to deliver any one or more of the instalments in accordance with these Conditions or any claim by you in respect of any one or more instalments shall not entitle you to treat the Contract as a whole as repudiated.
  
  
• 7d. If we fail to deliver the Goods (or any instalment) for any reason other than any cause beyond our reasonable control or your fault, and we are accordingly liable to you, our liability shall be limited to the price of the Goods.
  
  
• 7e. If you fail to take delivery of the Goods or fail to give us adequate delivery instructions then, without prejudice to any other right or remedy available to us, we may cancel the Contract and refund to you the price of the goods less the cost of their delivery and the cost of their being returned to us.

8. Returns Policy

We endeavour to supply all Dubmonkeys World products to the highest standard & believe that you will be delighted with your purchase. However in the unlikely event that you are not totally satisfied in any way you are able to return the item by following the steps below.

• You must contact us immediately by email or phone if your product arrives damaged. Photographic proof of damage may be required.

The Carrier will require claims to be made within 7 days from receipt of goods.

• If we have sent you an incorrect product then we will replace it or refund you & cover the cost of return postage.
  
  
• "Changing your mind" is not usually accepted as a valid reason to return products & request a refund. When a full refund is given, an item must be returned in its original packaging with the original delivery document enclosed. The product must be in its original condition & you must cover the cost of the return postage.

You will be responsible for the product until it reaches us. For your own protection we recommend that you use a secure delivery method that requires a signature upon delivery.

• If you wish to cancel an order for any reason, contact us immediately. We will endeavour to stop the order from being dispatched, but cannot guarantee this. If your order has already been dispatched you are responsible for all handling, outward & return shipping costs. Packages should not be opened but returned to Dubmonkeys World Ltd immediately.

9. Liability

• 9a. If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, then (except where you are dealing as a consumer within the meaning of the Unfair Contract Terms Act 1977) we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question.
  
  
• 9b. If you do not receive goods ordered by you within 30 days of the date on which you ordered them, then (except where you are dealing as a consumer) we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.
  
  If you notify a problem to us under this condition then at your option we will either:
  
  
  • make good any shortage or non-delivery;
  • replace or repair any goods that are damaged or defective; or
  • refund to you the amount paid by you for the goods in question in whatever way we choose.

And (except where you are dealing as a consumer) we shall have no further liability to you.

• 9c. Save as precluded by law and except where you are dealing as a consumer, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question.
  
  
• 9d. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
  
  
• 9e. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
  
  

10. Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at sandune Ltd, T/as dubmonkeys world, Unit 2, Lower Westbridge Industrial Estate, Tavistock, Devon, United Kingdom, PL19 0HE and all notices from us to you will be displayed on our website from to time.

11. Events beyond our control

We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

12. Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected to the extent that they are capable of continuing in force without the unenforceable term or condition.

13. Privacy Statement

In using the Dubmonkeys World Ltd web site you will be asked at various stages to provide us with information about yourself and your financial details needed to process payment for the goods you order. This will predominantly take place in the 'check out' procedure. The only information collated will be that to allow Dubmonkeys World Ltd to process your order.

We do not sell, trade, or rent your personal information to third parties.

We do not send random marketing emails to personal email addresses (spam).

We conform with the requirements of the Data Protection Act, 1998.

14. The Third party rights

Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

15. Governing contract law

The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.

16. Communications

Any communication sent electronically by e-mail or otherwise:

• 16a. Will be deemed to have been sent once it enters an Information System outside the control of the originator of the message;
  
  
• 16b. Will be deemed to have been received by the intended recipient at the time that in a readable form it enters an Information System which is capable of access by the intended recipient;
  
  
• 16c. Will be deemed to have been dispatched in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides;
  
  
• 16d. Will be deemed to have been received in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides.

17. General

• 17a. Any communication sent by post will be deemed received by the intended recipient three days following mailing where sent by first class post or five days after mailing where sent by second class post.
  
  
• 17b. No waiver by us of any breach of the Contract by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
  
  
• 17c. No term of the Contract is intended to confer a benefit on, or be enforceable by, any person who is not a party to the Agreement (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise).
  
  
• 17d. If any provision of these Conditions is held by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction in whole or in part, it will not affect the validity or enforceability of the other provisions of these Conditions and the remainder of the provision in question shall not be affected nor will it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.
  
  
• 17e. The Contract shall be governed by the laws of England and Wales, and you agree to submit to the exclusive jurisdiction of the English courts.
  
  
• 17f. The headings in these Conditions are for convenience only and will not affect their interpretation.
  

18. Complete agreement

• These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us and except where you are dealing as a consumer:
  
  
• Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us; and,
  
  
• Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

Delivery Charges

Postage & Packaging
We will despatch your order as soon as possible, generally within 5 days. Depending on the size and value of your order it may be sent by post or courier. A signature may be required on delivery.

If you do not receive your order within 28 days please contact us on info@dubmonkeysworld.com.