TERMS & CONDITIONS
This page (together with any documents referred to on it) sets the terms and conditions on which DCYPLN LTD (“We”, “Us”, “Our”) supply any of the products (“Products”) listed on Our website www.dcypln.com (Our “Website”, “Site”) to you. Please read these terms and conditions carefully before Ordering any Products from Our Site. You should print a copy of these terms and conditions for future reference. You should understand that by placing an Order (“Order”, “Orders”, “Ordering”) for any of Our Products, you agree to be bound by these terms and conditions.
Please check the indicated box if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to Order any Products from Our Site.
We reserve the right to refuse or cancel any Order We deem to be invalid or have been made fraudulently.
1. Information About Us
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1.a This website is owned and operated by DCYPLN LTD. We are registered in England and Wales under company number 10841236. Our registered address is 86-90 Paul Street, London, EC2A 4NE, United Kingdom.
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1.b You can contact Us:
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By writing an email to Us at info@dcypln.com.
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By post, to Our registered address.
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By using the Contact Form on Our Website.
2. Your Status
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By placing an Order through Our Site, you warrant that:
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you are at least 18 years old; and
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you are legally capable of entering into binding contracts.
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3. How The Contract Is Formed Between You And Us
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3.a After placing an Order, you will receive an e-mail from Us acknowledging that We have received your Order. Please note that this does not mean that your Order has been accepted. Your Order constitutes an offer to Us to buy a Product.
3.b All Orders are subject to acceptance by Us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between Us (Contract) will only be formed when we send you the Dispatch Confirmation.
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3.c The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your Order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
3.d If we are unable to accept your Order (for any reason) We will inform you of this in writing and will not charge for the product.
3.e If we cancel your Order (for any reason), after you have been charged, We will inform you of this in writing and you will be fully refunded.
4. Consumer Rights
4.a If you are contracting as a consumer, you may change your mind and cancel a Contract at any time, for any reason, within 14 days, beginning on the day after you received the Product. In this case, you will receive a full refund of the price paid for the Product, along with the initial standard delivery charge, in accordance with Our Refunds Policy (as set out in clause 9 below). However, you will be responsible for the cost of returning the items to us.
4.b To cancel a Contract, you must inform Us in writing. Also, you must return the Product(s) to Us within 14 days of notifying Us, in the same condition in which you received them, in accordance with Our Refunds Policy. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
4.c You will not have any right to cancel a Contract for the supply of Products which are:
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deemed as perishable, or
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which are affected by matters of hygiene (e.g. face masks, swimwear, underwear etc).
4.d Details of this statutory right, and an explanation of how to exercise it, are provided with the Dispatch Confirmation. This provision does not affect your statutory rights.
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5. Availability And Delivery
5.a We regularly update the availability of Our entire stock. Items that are ‘Out Of Stock’ will be displayed as such. In the rare event of a problem with availability of a Product marked ‘In Stock’, We will contact you. You may then wish to cancel the Order or wait until the item becomes available.
5.b Please note that all delivery dates are estimates only and We shall have no liability to you in relation to such delivery dates not being met. For further information, please refer to Our Delivery & Returns Policy.
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6. Import Duty
6.a Please be aware that Orders delivered outside of the United Kingdom may be held in customs and are subject to additional import taxes and duties, which you are entirely liable for payment for. It is your responsibility to contact your local customs office for further information before placing your Order on Our Site.
6.b If an Order for delivery outside of the United Kingdom is held in customs, and you choose not to pay the charges due to release the Products, We reserve the right to charge you any additional costs incurred by Us. We will not refund you any sums in respect of Products that are held at customs.
6.c You are responsible for complying with all applicable regulations and laws of the country which the Product(s) are destined for. We will not be held liable or responsible if you break any such law.
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7. Risk And Title
7.a If delivery is within the EU, the Products will be at your risk and responsibility from the time of delivery.
7.b If delivery is outside of the EU, the Products will be at your risk and responsibility from the time Our nominated courier has received the Products from Us, to deliver to you.
7.c Ownership of the Products will only pass to you when We receive full payment of all sums due in respect of the Products, including delivery charges.
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8. Price And Payment
8.a All prices on Our Site are displayed in British Pounds / GBP (“£”).
8.b The price of any Products will be as quoted on Our Website from time to time, except in cases of obvious error.
8.c These prices include VAT (where payable) but exclude delivery costs, which will be added to the total amount due. Delivery costs may vary but will not affect any Orders in respect of which We have already sent you a Dispatch Confirmation. For more information, please refer to Our Delivery & Returns Policy.
8.d Prices are liable to change at any time, but changes will not affect Orders in respect of which We have already sent you a Dispatch Confirmation.
8.e Our Site contains many Products and, despite Our best efforts, it is always possible that some of the Products listed on Our Website may be incorrectly priced. We will normally verify prices as part of Our dispatch 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. If a Product’s correct price is higher than the price stated on Our Site, We will normally, at Our discretion, either contact you for instructions before dispatching the Product, or reject your Order and notify you of the rejection.
8.f We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
8.g Payment for all Products must be by credit/debit card or PayPal. We accept direct payment online from most major credit cards such as Visa, Mastercard and American Express. You will be asked to enter your card details and the name and address of the card holder when you place the Order. Payments made via PayPal are transferred immediately.
8.h Due to varying Exchange Rates all payments made to Us must be in British Pounds / GBP (“£”). If paying by an international credit card, your bank or credit card provider may charge you additional transaction fees such as, currency conversion fees or International Purchase Transaction Fees.
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9. Our Refunds Policy
9.a When you return a Product to Us:
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because you have cancelled the Contract between us within the 14 day cooling-off period and in accordance with clause 4.a (above), We will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, We will refund the price of the Product in full, along with the standard delivery charge. Please note, We only refund the standard delivery charge in accordance with the Consumer Contracts Regulations 2013.
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for any other reason (such as, because you have notified Us in accordance with clause 19 that you do not agree to any of Our policies or in any change in these terms and conditions, or because you claim that the Product is defective), 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 30 days of the day We confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to Us. Please refer to our Refunds Policy for further information.
9.b Please return the Products to Us:
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within 30 days of receipt (if your goods are split into different deliveries, over a number of days, you have 30 days from the day you receive the last delivery),
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with the original receipt or proof of purchase; and
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in their original condition and with the original packaging, intact, unworn, unwashed and attached with all original hygiene and ancillary labels.
9.c Upon completing inspection of the Product(s) and We are satisfied that they have been returned in accordance with clause 4.c (as applicable) We will process the refund due to you as soon as possible and within 30 days of the day We confirmed to you, via e-mail, that you were entitled to a refund, or when we received the goods back (whichever is earlier).
9.d We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
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10. Our Liability
10.a We warrant to you that any Product purchased from Us through Our Website is reasonably fit for all the purposes for which products of the kind are commonly supplied and of satisfactory quality.
10.b Our liability for losses you suffer as a result of Us breaking this Contract is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of Us breaking the Contract. Losses are foreseeable where they could be contemplated by you and Us at the time your Order is accepted by Us.
10.c This does not include or limit in any way Our liability:
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For death or personal injury caused by our negligence.
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Under section 2(3) of the Consumer Protection Act 1987.
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For fraud or fraudulent misrepresentation.
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For any deliberate breaches of these Terms by Us that would entitle you to terminate the contract between Us; or
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For any matter for which it would be illegal for Us to exclude, or attempt to exclude, Our liability.
10.d We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and Us, including but not limited to:
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loss of business
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loss of income or revenue
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loss of profits or contracts
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loss of anticipated savings
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loss of data, or
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waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable;
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provided that this clause 10.d shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 10.a or clause 10.b or any other claims for direct financial loss that are not excluded by any of the categories inclusive of this clause 10.d.
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11. Written Communications
11.a Applicable laws require that some of the information or communications We send to you should be in writing. When using Our Website, you accept that communication with Us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on Our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all Contracts, notices, information and other communications that We provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
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12. Notices
12.a All notices given by you to Us must be given to DCYPLN LTD at info@dcypln.com. We may give notice to you at either the e-mail or postal address you provide to Us when placing an order, or in any of the ways specified in clause 11 above. Notice will be deemed received and properly served immediately when posted on Our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. 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.
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13. Transfer Of Rights And Obligations
13.a The contract between you and Us is binding on you and Us and on our respective successors and assigns.
13.b You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without Our prior written consent.
13.c We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of Our rights or obligations arising under it, at any time during the term of the Contract.
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14. Events Outside Our Control
14.a 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 (Force Majeure Event).
14.b A Force Majeure Event includes any event, act, omission, non-happening or accident beyond Our reasonable control and includes in particular (without limitation) the following:
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Strikes, lock-outs or other industrial action.
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Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
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Impossibility of the use of public or private telecommunications networks.
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The acts, decrees, legislation, regulations or restrictions of any government.
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Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
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Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
14.c Our performance under any Contract is deemed to 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.
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15. Intellectual Property Rights
15.a You acknowledge and agree that all copyright, trade marks, marks affixed, or marks applied to the Products or images on our Site, and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in Us or in Our licensors. You are permitted to use this material only as expressly authorised by Us or Our licensors. This does not prevent You using this website to the extent necessary to make a copy of any Order or Contract details.
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16. Waiver
16.a 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 and conditions, or if We fail to exercise any of the rights or remedies to which We are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
16.b A waiver by Us of any default shall not constitute a waiver of any subsequent default.
16.c No waiver by Us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12 (above).
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17. Severability
167.a If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
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18. Entire Agreement
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18.a These terms and conditions and any of the documents expressly referred to in them represent the whole agreement between us relating to the Contract.
18.b We each acknowledge that, in entering into a Contract, neither of Us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
18.c Neither of Us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
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19. Our Right To Vary These Terms And Conditions
19.a We have the right to revise and amend these terms and conditions to reflect any changes affecting Our business.
19.b You will be subject to the policies and terms and conditions in force at the time that you Order products from Us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to Orders previously placed by you), or if We notify you of the change to those policies or these terms and conditions before We send you the Dispatch Confirmation (in which case We have the right to assume that you have accepted the change to the terms and conditions, unless you notify Us to the contrary within seven working days of receipt by you of the Products).
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20. Law And Jurisdiction
20.a Contracts for the purchase of Products through Our Website will be governed by English law. Any dispute or claim relating to such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.
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