These Terms and Conditions (“Terms and Conditions”) (together with the documents referred to in them and any applicable Seller’s (as defined at 3.1) terms) tell you the terms and conditions on which you are permitted to use our website; www.dorothyandtheodore.com (“Site”) and purchase any of the products (“Products”) listed on our Site.
Please read these Terms and Conditions carefully and make sure that you understand them before using or ordering any Products from our Site.
Your use of www.dorothyandtheodore.com constitutes acceptance of these Terms and Conditions and any of any applicable Seller. In the event that you do not accept them, you will not be able to order any Products from the Site and you should log off now.
IMPORTANT: Please ensure that you refer to the terms and conditions of each individual Seller which are shown on their product pages before making any order.
1. About Us
1.1 We are Dorothy & Theodore Limited, a company registered in England and Wales under company number 07653663 and with our registered office at 37 Greenhill Street, Stratford Upon Avon, CV37 6LE. We operate the website www.dorothyandtheodore.com.
2.1 Whilst we endeavour to make our Site available at all times, we are not responsible for any period or periods when it is unavailable or inaccessible for whatever reason.
2.2 We reserve the right to withdraw your access to our Site at any time and for any reason with no liability whatsoever as a result of this.
2.3 We do not accept orders from addresses outside the UK, the Channel Islands and the Isle of Man.
3. Our Status
3.1 We accept orders in two capacities; as agent on behalf of third party sellers (“Sellers”) and as a retailer in our own right. Each Product listed on the Site clearly specifies who is the seller of the Product.
4. Acting as agent
4.1 Where we act as agents on behalf of Sellers, the resulting legal contract is between you and that Seller and is subject to the terms and conditions of that Seller which they will advise you of themselves. You should carefully review their terms and conditions applying to any transaction. We do not own or control any of the Products available for purchase through our Site from our Sellers.
4.2 We do not review or control, and are not responsible in any way for, the listings and descriptions of Products provided by our Sellers, and therefore accept no responsibility for the content thereof.
4.3 We may provide links on our Site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that Products you purchase from Sellers through our Site, or from companies to whose website we have provided a link to on our Site will be of satisfactory quality, and any such warranties are excluded by us absolutely. This does not affect your statutory rights against any Seller.
4.4 After placing an order, you will receive an e-mail from the Seller acknowledging that it has received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to the Seller to buy a Product, and is subject to these Terms and Conditions and any terms and conditions notified to you by the Seller. All orders are subject to acceptance by the Seller, and the Seller will confirm such acceptance to you by either sending you an e-mail that confirms that the Product is available and will be dispatched or dispatching the Product to you.
5. Acting as retailer
5.1 Where we act as retailer, the resulting legal contract is between you and us and is subject to the terms and conditions detailed in these Terms and Conditions which you should carefully review.
5.2 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, and is subject to these Terms and Conditions. All orders are subject to acceptance by us, and we will confirm such acceptance to you by either sending you an e-mail that confirms that the Product is available and will be dispatched or dispatching the Product to you.
5.3 You have the right to cancel your order at any time for any reason before we dispatch the Product, except in the case of personalised items.
5.4 We reserve the right, at any time prior to our confirming our acceptance to you, to refuse any order or any part of an order, or to require further or better information to enable us to evaluate and/ or process the order.
5.5 We may be unable to dispatch a Product to you, or may decide on reasonable grounds not to do so. Where this is the case, we will inform you and either not process your payment or, where we have already done so, offer you a refund.
5.6 Beyond offering you such a refund we accept no liability for any failure to dispatch a Product where this results from our inability to do so or our decision on reasonable grounds not to do so.
5.7 We warrant that all Products purchased under this clause 5 will be of satisfactory quality, fit for the purpose stated, conform to any description given and that we will provide our services to you with reasonable skill and care.
5.8 Nothing in these Terms and Conditions should be taken as excluding or restricting these warranties or any other rights for which it would be illegal for us to exclude or attempt to exclude our liability.
5.9 If we breach the terms of this clause 5 we accept liability to you for any losses which are direct and a reasonably foreseeable consequence of that breach, up to the value of the Product purchased.
6.1 Each Product that you order is subject to the delivery terms and costs as detailed in the Product listings. These will vary according to the Product ordered. All delivery times quoted are estimates only.
7. Price and Payment
7.1 The price of the Products and delivery charges will be as quoted on our Site from time to time, except in cases of obvious error.
7.2 Product prices include VAT (where applicable). However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
7.3 Product prices and delivery charges are liable to change at any time, but changes will not affect any orders in progress.
7.4 Payment for all Products must be by credit or debit card. We accept payment through PayPal Pro.
8. Gift vouchers
8.1 Gift Vouchers can be sent electronically or by post to a delivery address of your choosing. It is your responsibility to ensure that the delivery address provided (whether email or postal) is correct. We are not responsible for the incorrect delivery of vouchers due to an error by you (such as a miss-typed or incorrect address) or vouchers that cannot be delivered due to the recipient’s spam filters, firewalls, capacity of the mailbox or any other factors outside of our control.
8.2 Our Gift Vouchers detail a voucher code. Please ensure that such code is stored securely at all times. We recommend you advise the recipient of this also. We are not responsible if a voucher is lost, stolen, damaged, corrupted, destroyed or deleted or used without permission.
8.3 In the event that Products purchased with a Gift Voucher total less than the value of the voucher, any balance will be put onto a new Gift Voucher for future use.
8.4 In the event that Products purchased exceed the amount of the Gift Voucher, the balance must be paid by credit or debit card at the time the voucher is redeemed.
8.5 Gift Vouchers are non-returnable, non-refundable and not for resale. Gift Vouchers cannot be redeemed for cash and are not transferable or assignable.
8.6 Gift Vouchers must be redeemed within one year of the date of dispatch by us and will expire after such date.
8.7 Gift Vouchers are provided and operated by Dorothy & Theodore Limited, registered in England and Wales under company number 07653663 and with our registered office at The Meridian, 4 Copthall House, Station Square, Coventry, CV1 2FL.
9. Intellectual Property
9.1 All copyright, database rights, trade marks and other intellectual property rights whether registered on unregistered in our Site are either owned by or licensed to Dorothy & Theodore Limited.
9.2 You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
10. Misuse of our Site
10.1 You must not misuse or interfere with the working of our Site by knowingly introducing viruses, Trojans, worms, or any other harmful programmes or materials.
10.2 You must not attempt to gain unauthorised access to our Site or otherwise attempt to disrupt our Site or the server on which our Site is stored or any server, computer or database connected to our Site.
11.1 Whilst we take great care to ensure that our Site is accurate and up to date at all times, we are unable to warrant that the Site will be error free or that our Site or the server that makes it available are free from viruses or bugs, and therefore accept no liability in this regard.
11.2 We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Site.
11.3 Whilst we have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
11.4 Nothing in these Terms and Conditions exclude or limits our liability for fraud or fraudulent misrepresentation or any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
11.5 When purchasing any Product from a Seller, the Seller’s individual liability will be set out in the Seller’s terms and conditions. In particular, we make no warranty as to the quality or safety of any of our Seller’s products (including (but not limited to) any products which are or could be construed to be a toy) or its suitability or fitness for purpose.
11.6 Personalised items will be printed exactly as you enter them when you place your order. It is not the Seller’s responsibility to correct spellings, add punctuation or insert capital letters. Please ensure that you enter any text as you wish it to appear on your personalised item. Personalised products may not be returned where an error has been made by the customer. It is therefore your responsibility to check the spelling of all personalised products ordered.
11.7 We do not accept liability for any loss which is not direct and reasonably foreseeable, howsoever arising and even if we have previously been advised of the possibility of such loss.
11.8 We may provide links on our Site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that Products you purchase from Sellers through our Site, or from companies to whose website we have provided a link to on our Site will be of satisfactory quality, and any such warranties are excluded by us absolutely. This does not affect your statutory rights against any Seller or us.
12.1 If we fail to exercise any of the rights or remedies to which we are entitled under these Terms and Conditions or to insist on your performance of any obligations place on you under these Terms and Conditions or any other document referred to in them, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
12.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
12.3 No waiver by us of any of these Terms and Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
13.1 Any times specified on the Site are working days unless otherwise stated.
13.2 If any court or competent authority decides that any of the provisions of these Terms and Conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
13.3 These Terms and Conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, previous arrangement, understanding or agreement between us.
13.4 These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law.
13.5 We reserve the right to revise and amend these Terms and Conditions from time to time and you should therefore review these Terms and Conditions from time to time.