Website Terms & Conditions of Sale

Please read these Website Terms and Conditions of Sale carefully before you start to use our website, as these will apply to your use of our website: dandhdirect.com

If you do not agree to these Website Terms and Conditions of Sale, you must not use our website.

We recommend that you print a copy of these Website Terms and Conditions of Sale for future reference. By using our website, you confirm that you accept these Website Terms and Conditions of Sale and that you agree to comply with them.

1. These terms

1.1 What these terms cover. These are the terms and conditions on which we supply to you products ordered on our website www.dandhdirect.com. Please read these terms carefully before you submit your order to us.

1.2 Why you should read them. 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.

1.3 Use of our website. Your use of our website is governed by our Website Terms of Use (see below section), Privacy Policy and Cookie Policy. Please take the time to read these, as they include important terms which apply to you.

1.4 How we use your personal information. We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.

2. Contact

2.1 Who we are. We are D&H Direct, a partnership with its principal place of business at Deerfields, Lynn Road, Setchey, Kings Lynn, Norfolk, PE33 0BD, United Kingdom. Our registered VAT number is 387 8071 09.

2.2 How to contact us. You can contact us by telephoning our customer service team on 01553 819590 or by writing to us by email at info@dandhdirect.com or by post at D&H Direct, Customer Services, Deerfields, Lynn Road, Setchey, Kings Lynn, Norfolk, PE33 0BD United Kingdom.

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.

3. If you are a business customer

This clause applies to business customers only

3.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our website to purchase products.

3.2 These Website Terms and Conditions of Sale and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

3.3 You acknowledge that in entering into any contract with us pursuant to these Website Terms and Conditions of Sale you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Website Terms and Conditions of Sale or any document expressly referred to in them.

3.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Website Terms and Conditions of Sale.

4. Your order and formation of contracts

4.1 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.

4.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, 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.

4.3 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.

4.4 We only sell veterinary medicines to the UK. We are a UK based retailer and are authorised to sell veterinary medicines. We only supply veterinary medicines that are authorised in the UK and will only deliver veterinary medicines to addresses in the UK. Unfortunately, we do not accept orders for veterinary medicines from or deliver such items to addresses outside the UK. Please note that we may be unable to supply certain animal feed items or chemicals to addresses outside of the UK. Please contact us on 01553 819590 if you would like to order any of these products for delivery to addresses outside the UK.

5. Our products

5.1 Products may vary slightly from their pictures. The images of the products on our website 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. Please note that colours on our website may vary slightly depending on how your monitor is calibrated and which operating system your computer or mobile device uses. We do our very best to make sure all our images are true to the actual product you are purchasing but we cannot guarantee a perfect match every time due to almost limitless variations in home monitor set ups and operating systems.

5.2 Products may vary slightly from the descriptions. Although we have made every effort to be as accurate as possible, because of the nature of our products, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 10% tolerance.

5.3 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

6. Our rights to make changes

6.1 Minor changes to the products. We may change the product to reflect changes in relevant laws and regulatory requirements including changes to packaging to comply with applicable animal feed and veterinary medicines legislation.

7. Delivery

7.1 Delivery costs. The costs of delivery are as follows:

(a)Deliveries to addresses within the UK are Free of Charge for orders over £99.00 excluding VAT. Orders less than £99.00 excluding VAT attract a small charge of £6.00+ VAT;

(b) for deliveries to addresses outside of the UK mainland, please contact us by telephoning 01553 819590 to discuss your delivery requirements.

7.2 The countries we ship to. Unfortunately, we do not accept orders for veterinary medicines from or deliver such items to addresses outside the UK. Please note that we may be unable to supply certain animal feed items or chemicals to addresses outside of the UK. Please contact us on 01553 819590 if you would like to order any of these products for delivery to addresses outside the UK. Payments made for orders by debit or credit card will only be dispatched to a UK mainland address. For orders for all other products and for orders which are not made by debit or credit card, we ship internationally.

7.3 When your order will be shipped. The estimated delivery times are set out on our website. Once we have dispatched your order, we will send you an email or text (if you have signed up for text alerts) confirming that your order is on its way. You may also receive an email or text alert from our courier company confirming that your order is on its way.

7.4 Special instructions for medicines. Please note that for all veterinary medicines ordered, a signature will be required on delivery so please make sure that someone is available to receive the products.

7.5 Special instructions for storage. Please also be aware that certain products may require specialist storage treatment such as temperature control. Please make sure that you store such items in accordance with these instructions. We may have to suspend delivery of such items in accordance with clause 8 to ensure that such specialist storage treatments are maintained. This will mean that those items may not be dispatched on a Friday but will be dispatched on the following Monday (unless it is a Bank Holiday).

7.6 If you are not available when the product is delivered. If no one is available at your address to take delivery and (in the case of small items) the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery (if possible) or collect the products from a local depot

7.7 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 12.2 will apply.

7.8 If you do not allow us access to provide services. If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 12.2 will apply.

7.9 When you become responsible for the products. A product will be your responsibility once delivered.

7.10 When you own products. You own a product once we have received payment in full.

7.11 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, a prescription from your veterinarian. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 12.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

7.12 Customs duties and taxes. You will be responsible for any customs duties or taxes and any other customs requirements when importing products into a country outside of the EU. Any such customs duties or taxes may be significant and so please ensure you confirm the position before placing your order. We are not responsible for any such customs duties or taxes, nor are we responsible for any parcels returned for unpaid customs duties or taxes and we will not issue refunds under these circumstances.

7.13 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside 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.

8. Suspending delivery

8.1 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

(a) deal with technical problems or make minor technical changes;

(b) update the product to reflect changes in relevant laws and regulatory requirements;

(d) take account of special storage instructions

8.2 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than ten (10) consecutive working days in any calendar month, then we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than ten (10) consecutive working days in any calendar month and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

8.3 This clause applies to business customers only. We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to and you still do not make payment within ten (10) working days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice. We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue amounts at the rate of 2% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. You shall pay the interest together with the overdue amount.

9. Price and payment

9.1 Paying for your order. The price of the order (which includes UK VAT where applicable) and the delivery costs will be in pounds sterling and will be indicated during the order process. We accept payment for orders by Visa, MasterCard and PayPal.

9.2 Paying for your order. This clause applies to pre-approved business customers only. This clause applies only to pre-approved business customers only. If we have pre-approved your business for invoice payment terms, we will invoice you on the date on which the products are dispatched. Payment is due on the date falling 28 days after the date of the invoice. We can charge you interest on your overdue amounts at the rate of 2% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. You shall pay the interest together with the overdue amount. We will accept payments for invoices by Visa, MasterCard, American Express, PayPal, cheque and BACS transfer.

9.3 What happens if we get the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced on the website. If the product’s correct price at your order date is higher than the price stated, we will contact you and offer you the option to either confirm your order at the correct price or cancel your order. If the correct price at your order date is lower than the price stated, we will refund you the difference.

10. Your right to return the products and end the contract

This clause applies to consumers only

10.1 You can always 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 what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back);

(b) if you want to end the contract because of something we have done or have told you we are going to do, see clause 10.2;

(c) if you have just changed your mind about the product, see clause 10.3. 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 may have to pay the costs of return of any products.

10.2 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 (e) 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;

(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;

(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than ten (10) consecutive working days in any calendar month; or

(e) you have a legal right to end the contract because of something we have done wrong.

10.3 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 fourteen (14) days and receive a refund.

10.4 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) any veterinary medicinal products purchased with a prescription or items which come with special storage instructions such as temperature controls;

(b) any feed products that have a short shelf life;

(d) any products which become mixed inseparably with other items after their delivery.

10.5 How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receives the products, unless:

(a) Your products are split into several deliveries over different days. In this case you have until fourteen (14) days after the day you (or someone you nominate) receives the last delivery to change your mind about the products.

(b) Your products are for regular delivery over a set period (for example once a month). In this case you have until fourteen (14) days after the day you (or someone you nominate) receives the first delivery of the products.

11. How to end the contract with us (including if you have changed your mind)?

This clause applies to consumers only

11.1 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) Phone or email. Call customer services on 01553 819590 or email us at info@dandhdirect.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.

(b) Online. Complete the form on our website.

(c) By post. Print off the form and post it to us at the address on the form. Or simply write to us at the following address, including details of what you bought, when you ordered or received it and your name and address: D&H Direct, Customer Services, Deerfields, Lynn Road, Setchey, Kings Lynn, Norfolk, PE33 0BD United Kingdom.

11.2 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. Please post them back to us at D&H Direct, Customer Services, Deerfields, Lynn Road, Setchey, Kings Lynn, Norfolk, PE33 0BD United Kingdom or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 01553 819590 or email us at info@dandhdirect.com for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the products within fourteen (14) days of telling us, you wish to end the contract.

11.3 When we will pay the costs of return. We will pay the costs of return:

(a) if the products are faulty or misdescribed;

(b) 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.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

11.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.

11.5 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

11.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, 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 products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

12. Our rights to end the contract

12.1 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 ten (10) working days of us reminding you that payment is due;

(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, a prescription from a veterinarian;

12.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 12.1 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 which may include a handling fee of up to 10% of the order value.

12.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least five (5) working days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

12.4 Recalls. We may end the contract if we need to recall any of the products purchased for any reason. If we need to recall the products, we will contact you to arrange return or collection and replace the products or provide you with a refund or issue you with a credit note.

13. Ending business contracts and returns

This clause applies to business customers only

13.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought and whether there is anything wrong with it. If what you have bought is faulty you may have a right to end the contract (or to get the product replaced or to get some or all of your money back).

13.2 Examining your purchases. As soon as you receive a product, please make sure that you examine it to make sure that:

(a) it is the correct product or correct number of products; and

(b) if it is the correct product, that it has no defects.

13.3 How to tell us if there is a problem. You must tell us within 48 hours of delivery if there is a problem with any of the products ordered. Please let us know by doing one of the following:

(a) Phone or email. Call customer services on 01553 819590 or email us at info@dandhdirect.com. Please provide your name, address, details of the order and, where available, your phone number and email address.

(b) Online. Complete the form on our website.

13.4 Failure to tell us. If you fail to tell us about the problem within forty-eight (48) hours, you will have no right to reject the products and receive a replacement or refund.

13.5 Wrong quantity. If we have delivered the wrong quantity and you have informed us of this within the forty-eight (48) hour period, we will:

(a) where there is a shortfall, deliver to you the rest of the order; and

(b) where we have delivered too many products, please follow the returns policy below in relation to the excess products.

Please call customer services on 01553 819590 or email us at info@dandhdirect.com for a return label or to arrange collection. If you are returning excess products, please post them back to us at D&H Direct, Customer Services, Deerfields, Lynn Road, Setchey, Kings Lynn, Norfolk, PE33 0BD United Kingdom within seven (7) days of receipt or (if they are not suitable for posting) allow us to collect them from you within seven (7) days of receipt.

13.6 Wrong item. If we have delivered the wrong item and you have informed us of this within the 48-hour period, please call customer services on 01553 819590 or email us at info@dandhdirect.com to arrange delivery of the correct item and to obtain a return label or to arrange collection. If you are returning incorrect items, please post them back to us at D&H Direct, Customer Services, Deerfields, Lynn Road, Setchey, Kings Lynn, Norfolk, PE33 0BD United Kingdom within seven (7) days of receipt or (if they are not suitable for posting) allow us to collect them from you within seven (7) days of receipt. We will arrange delivery of the correct item.

13.7 Returning faulty products. If you have told us about any defective products within the prescribed time period and we do not dispute this, please post them back to us at D&H Direct, Customer Services, Deerfields, Lynn Road, Setchey, Kings Lynn, Norfolk, PE33 0BD United Kingdom within seven (7) days of receipt or (if they are not suitable for posting) allow us to collect them from you within seven (7) days of receipt. We will then refund you in accordance with the below provisions or arrange for replacement products to be delivered to you.

13.8 Other returns. We may in exceptional cases allow you to return products if we have agreed that you may. We may in such cases require that you pay the cost of the return. Please note that we cannot accept returns in respect of the following items unless there is a delivery error or the item is defective:

(a) veterinary medicinal products purchased with a prescription;

(b) feed products that have a short shelf life;

(d) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;

(e) products which become mixed inseparably with other items after their delivery.

If we have agreed that you may return products, you may only be entitled to an exchange or credit note and not a full refund.

13.9 Status of returned products where we have made a delivery error. If you are returning products because there has been a delivery error, all returned products must be in perfect original condition; not marked in any way; should not show any evidence of being tampered with, including the opening of the outer packaging of the product. A product whose inner packaging has been opened cannot be accepted for return for exchange or refund for legal reasons.

13.10 When we will pay the costs of return. We will pay the costs of return:

(a) if the products are faulty;

(b) if we have delivered an excess of products to you.

13.11 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.

13.12 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. Please note that where we permit you to return goods under clause 13.8 and there is no fault on our part, we may charge you a handling fee of up to 10% of the order value for the returned products.

14. When we can end a business contract

This clause applies to business customers only

14.1 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 ten (10) working days of us reminding you that payment is due;

(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, a prescription from a veterinarian;

14.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 14.1 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 which may include a handling fee of up to 10% of the order value.

14.3 Recalls. We may end the contract if we need to recall any of the products purchased for any reason. If we need to recall the products, we will contact you to arrange return or collection and replace the products or provide you with a refund or issue you with a credit note.

15. Complaints and legal rights for consumers

This clause applies to consumers only

15.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team on 01553 819590 or write to us by email at info@dandhdirect.com or by post at D&H Direct, Customer Services, Deerfields, Lynn Road, Setchey, Kings Lynn, Norfolk, PE33 0BD United Kingdom.

15.2 Summary of legal rights for consumers. You have certain rights under the law, including that any products you order through this website will be of satisfactory quality, fit for their intended purpose, and will conform to your order and any description given on this website. Nothing in these terms and conditions will affect your legal rights. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

15.3 Manufacturer guarantees. Some of our products come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the products. If you are a consumer, a manufacturer’s guarantee is in addition to, and does not affect, your legal rights in relation to products that are faulty or not as described.

16. Our responsibility for loss or damage suffered by you if you are a consumer

This clause applies to consumers only

16.1 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, for example, if you discussed it with us during the sales process.

16.2 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 as summarised at clause 15.2; for defective products under the Consumer Protection Act 1987; and any other liability which cannot be limited or excluded by applicable law.

16.3 We are not liable for business losses. We only supply the products to consumers for domestic and private use. If you use the products for any commercial, business or re-sale purpose then this will constitute a breach of these Website Terms and Conditions of Sale and our responsibility for loss or damage suffered by you shall be determined in accordance with clause 17 as though you are a business customer.

17. Our responsibility for loss or damage suffered by you if you are a business

This clause applies to business customers only

17.1 We only supply the products for internal use by your business, and unless you have been pre-approved by us you agree not to use the products for any resale purposes.

17.2 Please note that nothing in these Website Terms and Conditions of Sale shall imply any warranty that any product is suitable for use:

(a) for any other animals where we state that a product is only suitable for particular animals;

(b) without mixing with another product where the item sold is stated as being sold for use only after it has been mixed with another product.

17.3 Nothing in these terms and conditions limits or excludes our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(d) defective products under the Consumer Protection Act 1987; or

(e) any other liability which cannot be limited or excluded by applicable law.

17.4 Subject to clause 17.3, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the contract for:

(a) any loss of profits, sales, business, or revenue;

(b) loss or corruption of data, information or software;

(d) loss of anticipated savings;

(e) loss of goodwill; or

(f) any indirect or consequential loss.

17.5 Subject to clause 17.3, our total liability to you in respect of all losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the greater of: (i) the total price paid for the products which have given rise to the liability; or (ii) £100,000 (one hundred thousand pounds).

17.6 Except as expressly stated in these Website Terms and Conditions of Sale, we do not give any representation, warranties or undertakings in relation to the products. Any representation, condition or warranty which might be implied or incorporated into these Website Terms and Conditions of Sale by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the products are suitable for your purposes. For clarity, nothing in this clause purports to exclude any warranties implied by sections 70 and 72 of the Agriculture Act 1970 (as amended).

18. Other important terms

18.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation but we will tell you about this and this will not affect your rights or our obligations under these Website Terms and Conditions of Sale.

18.2 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. However, if you are a consumer, you may transfer any guarantee to a person who has acquired the product. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.

18.3 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 except as explained in clause 18.2. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

18.4 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.

18.5 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

18.6 Which laws apply to this contract and where you may bring legal proceedings. These Website Terms and Conditions of Sale 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. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution Platform at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage

18.7 Which laws apply to this contract and where you may bring legal proceedings. For business customers only. If you are a business, these Website Terms and Conditions of Sale, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Version 1 [10/05/16]

Website Terms Of Use

Please read these Website Terms of Use carefully before you start to use our website, as these will apply to your use of our website: dandhdirect.com

If you do not agree to these Website Terms of Use, you must not use our website.

We recommend that you print a copy of these Website Terms of Use for future reference. By using our website, you confirm that you accept these Website Terms of Use and that you agree to comply with them.

What is the purpose of these Website Terms of Use?

These Website Terms of Use (together with the documents referred to below) explain the terms on which you may use our website. Use of our website includes accessing and browsing our website.

We may revise these Website Terms of Use at any time by amending this page. Please check this page from time to time to take notice of any changes we make, as they are binding on you.

If you breach these Website Terms of Use (including the acceptable use policy) in any way, we may take such action as we consider appropriate. We may update our website from time to time, and may change the content at any time. However, please note that any of the content on our website may be out of date at any given time, and we are under no obligation to update it.

What other terms apply to my use of the website?

These Website Terms of Use refer to the following additional terms, which also apply to your use of our website:

Our Privacy Policy [INSERT HYPERLINK], which sets out the terms on which we process any personal or other data we collect from you, or that you provide to us by using our website;
Our Cookie Policy [INSERT HYPERLINK] which sets out information about how we use cookies on our website.
Our Website Terms and Conditions of Sale [INSERT HYPERLINK], which apply if you purchase products on our website.

Who operates the website?

Our website is operated by D & H Direct, a partnership with its principal place of business at Deerfields, Lynn Road, Setchey, Kings Lynn, Norfolk, PE33 0BD, United Kingdom and is hosted by Apex IT.

What should I be aware of when accessing the website?

Our website is directed principally at people residing in the United Kingdom. We do not represent that content available on or through our website is appropriate or available in other locations. We may limit the availability of our website or any service or product described on our website to any person or geographic area at any time. If you choose to access our website from outside the United Kingdom, you do so at your own risk.

You are responsible for ensuring that all persons who access our website through your internet connection are aware of these Website Terms of Use and other applicable terms and conditions, and that they comply with them.

We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. Access to our website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our website without notice. We will not be liable to you if for any reason our website is unavailable at any time or for any period.

How do I keep my order information secure?

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Website Terms of Use.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us by email at info@dandhdirect.com or by telephone on 01553 819590.

What about intellectual property rights?

We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our website for your personal use and you may draw the attention of others within your organisation to content posted on our website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged.

You must not use any part of the content on our website for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our website in breach of these Website Terms of Use, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Can I rely on information on the website?

The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website.

Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete or up-to-date.

The views expressed by other users on our website do not represent our views or values.

How do you limit your liability?

Nothing in these Website Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our website or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: (i) use of, or inability to use, our website; or (ii) use of or reliance on any content displayed on our website.

If you are a business user, please note that in particular, we will not be liable for: (i) loss of profit, loss of business, loss of goodwill, business interruption or loss of business opportunity (and in each of these cases whether the losses suffered are direct or indirect); or (ii) any, special indirect or consequential losses.

If you are a consumer user, please note that we only provide our website for domestic and private use. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products by use to you, which will be set out in our Website Terms and Conditions of Sale [INSERT AS LINK TO WEBSITE TERMS AND CONDITIONS OF SUPPLY].

Can I link to the website?

You may link to our website, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not:

Establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Establish a link to our website in any website that is not owned by you.
Frame our website on any other website or create a link to any part of our website other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to make any use of content on our website other than that set out above, please contact us by email at info@dandhdirect.com or by telephone on 01553 819590 or in writing at D&H Direct, Customer Services, Deerfields, Lynn Road, Setchey, Kings Lynn, Norfolk, PE33 0BD United Kingdom.

What am I prohibited from doing?

You may use our website only for lawful purposes. You may not use our website:

In any way that breaches any applicable local, national or international law or regulation, or these Website Terms of Use.
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.

What about viruses?

We do not guarantee that our website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our website. You should use your own virus protection software.

You must not:

Misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website.
Attack our website via a denial-of-service attack or a distributed denial-of service attack.

By breaching the above restrictions, you may commit a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.

What about third party links and resources in the website?

Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources (see ‘Limitation of liability’ below).

Which law applies to these Website Terms of Use?

If you are a consumer, please note that these Website Terms of Use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these Website Terms of Use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

How can I contact you?

You can contact us by telephoning our customer service team on 01553 819590 or by writing to us by email at info@dandhdirect.com or by post at D&H Direct, Customer Services, Deerfields, Lynn Road, Setchey, Kings Lynn, Norfolk, PE33 0BD United Kingdom.

Thank you for visiting our website.

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