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Terms & Conditions

1. Definitions Used Within This Document
1.1. 'Customer' means the account applicant or person who buys or agrees to buy goods from the Company.
1.2. 'Company' means DARWENTWARD .
1.3. 'Goods' means any merchandise, products, or replacement products supplied to the Customer from the Company in accordance with these Terms and Conditions of Sale. This does not include Samples supplied free-of-charge.
1.4. 'Writing' refers without limitation to facsimile, email, telex, cable, letters and any other comparable means of communication.
1.5. 'Contract' refers to the acceptance of these Terms and Condition of Sale as defined within clause 2.2.
1.6. 'Conditions' refer to the Terms and Conditions of Sale as stated within this document.

2. Contract (from march 2008)
2.1. These Conditions shall apply to every contract entered into with the Company except as varied by express agreement in writing by a Company Director or other authorised person on behalf of the Company. Any Conditions proffered at any time by the Customer and not accepted in writing by the aforementioned person(s) are hereby excluded. Any typographical or other error or omission in any sales literature, quotation or price list shall be subject to correction without liability on the part of the Company.
2.2. The Customer's order to the Company is an offer to enter into a Contract upon these Conditions. Acceptance occurs and the Contract is formed solely upon the following Conditions: 2.2.1. The Company despatching the Goods to the Customer; or
2.2.2. The Customer notifying the Company in writing of its acceptance of a quotation and the Company subsequently despatching to the Customer its acknowledgement of the order; or 2.2.3. The Company commencing work upon the order (whichever shall first occur).
2.3. Contracts apply only to individual orders, unless otherwise stated or specified in writing and authorised by a Company Director or other authorised person on behalf of the Company.
2.4. The Customer shall provide to the Company all information necessary to enable it to perform the Contract (as advised by the Company); if it does not the Company shall use any additional time required to fulfil the Contract as it sees necessary.
2.5. The Contract cannot be cancelled by the Customer without the express written consent by a Company Director or other authorised person working on the behalf of the Company. If the Company agrees cancellation by the Customer, the Customer with indemnify the Company in full against all expenses incurred up to the time of cancellation together with a reasonable amount by way of liquidated damages for breach of contract as specified by the Company.
2.6. These Conditions are only applicable from the date of publication as given above. They do not apply to any Contract made between a Customer and the Company before this date. These Conditions will apply to all contracts made in accordance with clause 2.2. by a Customer with the Company commencing from this date, with no exceptions, bar any made in accordance with clause 2.1.
2.7. Nothing in these Conditions will affect the statutory rights of any consumer.

3. Warranty
3.1. Subject to these Conditions the Company warrants that the Goods shall be free from defects in workmanship and materials at the time of delivery. Goods that do not conform to this warranty will, at the Company's option, either be replaced or steps taken as the Company deems necessary to render the Goods free from defects or take back the Goods and refund or issue a credit note for the appropriate part of the purchase price provided that the liability of the Company shall not exceed the purchase price of the Goods.
3.2. This warranty is subject to the following conditions:
3.2.1. The Customer provides written notification of any defects in the Goods, and received by the Company, within five (7) working days of any discovery of defect, and within ten (10) working days of delivery;
3.2.2. The Customer affording the Company reasonable opportunity to inspect the Goods and if so requested by the Company to return (at the Customer's risk) the allegedly defective Goods to a specified address, suitably packaged within 28 (twenty eight) working days from delivery of the Goods; 3.2.3. The Customer making no further use of the allegedly defective Goods after the time at which the Customer discovers that they are defective;
3.2.4. The Customer has performed its obligations hereunder including full payment of the Goods