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Duckworth Terms and Conditions

Duckworth Group Terms of Sale
 

BACKGROUND:

 
  1. Definitions and Interpretation
      1. In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
 
“Contract” means a contract for the purchase and sale of Goods, as explained in Clause 7;
“Goods” means the goods sold by Us through Our Site;
“Order” means your order for Goods;
“Order Confirmation” means Our acceptance and confirmation of your Order;
“Order Number” means the reference number for your Order; and
“We/Us/Our” means R. Duckworth (Wholesale) Ltd, a company registered in England under 09431448, whose registered address is Ellbrook House, Clifton Road, Blackpool, Lancashire, FY4 4QJ.
 
  1. Information About Us
      1. Our Site, www.duckworthgroup.co.uk, is owned and operated by R. Duckworth (Wholesale) Ltd, a limited company registered in England under 09431448, whose registered address is Ellbrook House, Clifton Road, Blackpool, Lancashire, FY4 4QJ. Our VAT number is 221514846.
 
  1. Access to and Use of Our Site
      1. Access to Our Site is free of charge.
      2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.
      3. Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
      4. Use of Our Site is subject to Our Website Terms of Use, see information below.  Please ensure that you have read them carefully and that you understand them.
 
  1. Business Customers and Consumers
      1. These Terms of Sale apply to business customers only.  These Terms of Sale do not apply to individual consumers purchasing Goods for personal use (that is, not in connection with, or for use in, their trade, business, craft, or profession).
      2. These Terms of Sale constitute the entire agreement between Us and you with respect to your purchase of Goods from Us.  You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out in these Terms of Sale and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.
 
  1. International Customers
      Please note that We only deliver within the United Kingdom.
 
  1. Goods, Pricing and Availability
      1. We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods.  Please note, however, the following:
          1. Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in device displays and lighting conditions;
          2. Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary.
          3. Due to the nature of the Goods sold through Our Site, there may be up to a 5% variance in the size, capacity, dimensions, measurements, weight, of those Goods between the actual Goods and the description.
      2. Please note that sub-Clause 6.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether.  Please refer to Clause 10 if you receive incorrect Goods (i.e. Goods that are not as described).
      3. Where appropriate, you may be required to select the size, model, colour, number, of the Goods that you are purchasing.
      4. We cannot guarantee that Goods will always be available.  Stock indications are not provided on Our Site.
      5. Minor changes may, from time to time, be made to certain Goods between your Order being placed and Us processing that Order and dispatching the Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues.  Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods.  However, if any change is made that would affect your use of the Goods, suitable information will be provided to you.
      6. In some cases, as explained in the description of Goods on Our Site, more significant changes may be made to the Goods.  If any such changes are made and will affect your Order, We will notify you in writing before the changes take effect and you will be given an opportunity to cancel your Order (or the affected part thereof), and We will issue a refund for any Goods paid for but not received.
      7. We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online.  We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.  All pricing information is reviewed and updated every 3 months. Changes in price will not affect any order that you have already placed (please note sub-Clause 6.10 regarding VAT, however).
      8. All prices are checked by Us before We accept your Order.  In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake.  If the correct price is lower than that shown when you made your Order, We will simply charge you the lower amount and continue processing your Order.  If the correct price is higher, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it).  We will not proceed with processing your Order in this case until you respond.  If We do not receive a response from you within 48 hours, We will treat your Order as cancelled and notify you of this in writing.
      9. In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
      10. Prices on Our Site are shown exclusive of VAT.  If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
 
  1. Orders – How Contracts Are Formed
      1. Our Site will guide you through the ordering process.  Before submitting your Order you will be given the opportunity to review your Order and amend it.  Please ensure that you have checked your Order carefully before submitting it.
      2. If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible.  If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it.  If you do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end.  If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
      3. No part of Our Site constitutes a contractual offer capable of acceptance.  Your Order constitutes a contractual offer that We may, at Our sole discretion, accept.  Our acknowledgement of receipt of your Order does not mean that We have accepted it.  Our acceptance is indicated by Us sending you an Order Confirmation by email.  Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
      4. Order Confirmations shall contain the following information:
          1. Your Order Number;
          2. Confirmation of the Goods ordered including full details of the main characteristics of those Goods;
          3. Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;
          4. Estimated delivery date(s)
      5. In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing.  No payment will be taken under normal circumstances.  If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 48 hours.
      6. Any refunds due under this Clause 7 will be made using the same payment method that you used when ordering the Goods.
 
  1. Payment
      1. Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process.  Your chosen payment method will not be charged until We dispatch your Goods.
      2. Payment must be made in full for your Order, without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).
      3. We accept the following methods of payment on Our Site:
          1. PayPal;
          2. Visa & Visa Debit
          3. Mastercard
 
  1. Delivery, Risk and Ownership
      1. All Goods purchased through Our Site will normally be delivered within 30 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 12).
      2. If We are unable to deliver the Goods on the delivery date, the following will apply:
          1. If no one is available at your delivery address to receive the Goods and the Goods cannot be posted through your letterbox or left in a safe place nominated by you, We will leave a delivery note explaining how to rearrange delivery or where to collect the Goods;
          2. If you do not collect the Goods or rearrange delivery within 48 hours, We will contact you to ask you how you wish to proceed.  If We cannot contact you or arrange redelivery or collection, We will treat the Contract as cancelled and recover the Goods.  If this happens, you will be refunded the purchase price of the Goods themselves, but not the cost of delivery.  We may also bill you for any reasonable additional cost that We incur in recovering the Goods.
      3. In the unlikely event that We fail to deliver the Goods within 30 calendar days of Our Order Confirmation (or as otherwise agreed or specified as under sub-Clause 10.1), if any of the following apply you may treat the Contract as being at an end immediately:
          1. We have refused to deliver your Goods; or
          2. In light of all relevant circumstances, delivery within that time period was essential; or
          3. You told Us when ordering the Goods that delivery within that time period was essential.
      4. If you do not wish to cancel under sub-Clause 9.3 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date.  If We fail to meet the new deadline, you may then treat the Contract as being at an end.
      5. You may cancel all or part of your Order under sub-Clauses 9.3 or 9.4 provided that separating the Goods in your Order would not significantly reduce their value.  Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you within 48 hours.  Please note that if any cancelled Goods are delivered to you, you must return them to Us or arrange with Us for their collection.  In either case, We will bear the cost of returning the cancelled Goods.
      6. Delivery shall be deemed complete once We have delivered the Goods to the address including, where relevant, any alternative address you have provided.
      7. Ownership of the Goods passes to you once We have received payment in full of all sums due (including any applicable delivery charges).
      8. Responsibility for (the risk in) the Goods will pass to you when delivery is complete, as defined in sub-Clause 9.6.
      9. Any refunds due under this Clause 9 will be made using the same payment method that you used when ordering the Goods.
 
  1. Faulty, Damaged or Incorrect Goods
      1. We warrant that the Goods, on delivery, and for a period of 6 months thereafter (the “Warranty Period”) shall be as described; be free from material defects in design, material, and workmanship; be of satisfactory quality (as defined in the Sale of Goods Act 1979); and be fit for any purpose described by Us.
      2. If any Goods you have purchased do not comply, subject to sub-Clause 10.3 and your compliance with sub-Clauses .1 to 10.2.3, We shall, at Our option, repair the affected Goods, replace them, or issue you with a full refund for the price of the affected Goods.  The following conditions shall apply:
          1. You must give Us written notice of the non-compliance during the Warranty Period within a reasonable time of discovering it;
          2. You must return the Goods in question to Us at Our expense (see sub-Clause 10.6 for more information); and
          3. You must give Us a reasonable opportunity to examine the Goods in question.
      3. We will not be liable for any non-compliance with the provisions of sub-Clause 10.1 of any Goods if any of the following apply:
          1. You have made any further use of the affected Goods after giving Us written notice of the non-compliance under sub-Clause 10.2.1;
          2. The non-compliance has arisen as a result of your failure to follow Our instructions on the correct usage, maintenance, installation, storage of the affected Goods or, where no instructions are provided, your failure to follow good trade practice with respect to the same;
          3. The non-compliance has arisen as a direct result of any information (incorrect or otherwise) provided by you to Us;
          4. You have made any unauthorised alterations or repairs to the affected Goods; or
          5. The non-compliance is the result of normal wear and tear, deliberate damage, negligence, or abnormal or unsuitable working conditions.
      4. The terms of this Clause 10 shall also apply to any Goods which are repaired or replaced by Us under sub-Clause 10.2.
      5. Except as provided in this Clause 10, We shall have no further liability to you with respect to Goods which do not comply with sub-Clause 10.1.
      6. To return Goods to Us for any reason under this Clause 10, please contact Us at sales@duckworthgroup.co.uk to arrange for a collection and return.  We will be fully responsible for the costs of returning Goods under this Clause 10 and will reimburse you where appropriate.
      7. Refunds (whether full or partial) under this Clause 10 will be issued within 48 hours of the day on which We agree that you are entitled to the refund.
      8. Any and all refunds issued under this Clause 10 will include all delivery costs paid by you when the Goods were originally purchased.
      9. Refunds under this Clause 10 will be made using the same payment method that you used when ordering the Goods.
 
  1. Our Liability
      1. Subject to sub-Clause 11.4, We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and Us.
      2. Subject to sub-Clause 11.4, Our total liability to you for all other losses arising out of or in connection with any contract between you and Us, whether in contract, (including negligence), breach of statutory duty, or otherwise, shall be 20% of the total sums paid by you for the Goods under the contract in question, whichever is the greater sum.
      3. Except to the extent expressly set out in sub-Clause 10.1, the terms implied by Sections 13 to 15 of the Sale of Goods Act 1979 and by Sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
      4. Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); for fraud or fraudulent misrepresentation; for breach of the terms implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; for defective products under the Consumer Protection Act 1987; or for any other matter in respect of which liability cannot be excluded or restricted by law.
 
  1. Events Outside of Our Control (Force Majeure)
      1. We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
      2. If any event described under this Clause 12 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
          1. We will inform you as soon as is reasonably possible;
          2. We will take all reasonable steps to minimise the delay;
          3. To the extent that We cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
          4. We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
          5. If the event outside of Our control continues for more than 30 days We will cancel the Contract and inform you of the cancellation.  Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 48 hours of the date on which the Contract is cancelled and will be made using the same payment method that you used when ordering the Goods;
          6. If an event outside of Our control occurs and you wish to cancel the Contract as a result, you may do so in any way you wish, however for your convenience, please contact Us using the following details:  Telephone, 01253 767650; Email, sales@duckworthgroup.co.uk;
In each case, providing Us with your name, address, email address,telephone number, and Order Number.  Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 48 hours of the date on which the Contract is cancelled and will be made using the same payment method that you used when ordering the Goods. 
  1. Communication and Contact Details
      1. If you wish to contact Us with general questions or complaints, you may contact Us by telephone at 01253 767650 or by email at sales@duckworthgroup.co.uk.
      2. For matters relating the Goods or your Order, please contact Us by telephone at 01253 767650 or by email at sales@duckworthgroup.co.uk.
      3. For matters relating to cancellations, please contact Us by telephone at 01253 767650, by email at sales@duckworthgroup.co.uk or refer to the relevant Clauses above.
 
  1. Complaints and Feedback
      1. We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
      2. If you wish to give Us feedback on any aspect of your dealings with Us, please contact Us in one of the following ways:
          1. In writing, addressed to Customer Services, Ellbrook House, Clifton Road, Blackpool, Lancashire, FY4 4QJ;
          2. By email, addressed to Customer Services at sales@duckworthgroup.co.uk;
          3. By contacting Us by telephone on 01253 767650.
 
  1. How We Use Your Personal Information (Data Protection)
      1. All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
      2. For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy at www.duckworthgroup.co.uk/privacy-policy
 
  1. Other Important Terms
      1. We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing.  Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
      2. You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
      3. The Contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
      4. If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale.  The remainder of these Terms of Sale shall be valid and enforceable.
      5. No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
      6. We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements.  If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them.  If you do opt to cancel, you must return any affected Goods you have already received and We will arrange for a full refund (including delivery charges) which will be paid within 48 hours of your cancellation and will be made using the same payment method that you used when ordering the Goods.
 
  1. Law and Jurisdiction
      1. These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
      2. Any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

These Terms of Sale set out the terms under which Goods are sold by Us to business customers through this website, www.duckworthgroup.co.uk (“Our Site”).  Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods from Our Site.  You will be required to read and accept these Terms of Sale when ordering Goods.  If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our Site.  These Terms of Sale, as well as any and all Contracts are in the English language only.

Duckworth Group Terms of Use

 
  1. Definitions and Interpretation
      1. In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:
 
“Account” means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 4;
“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
“User” means a user of Our Site;
“User Content” means any content submitted to Our Site by Users including, but not limited to, reviews, comments, feedback; and
“We/Us/Our” means R. Duckworth (Wholesale) Ltd, a company registered in England under 09431448, whose registered address is Ellbrook House, Clifton Road, Blackpool, Lancashire, FY4 4QJ.
 
  1. Information About Us
      1. Our Site, www.duckworthgroup.co.uk, is owned and operated by R. Duckworth (Wholesale) Ltd, a limited company registered in England under 09431448, whose registered address is Ellbrook House, Clifton Road, Blackpool, Lancashire, FY4 4QJ.  Our VAT number is 221514846.
 
  1. Access to Our Site
      1. Access to Our Site is free of charge.
      2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.
      3. Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
 
  1. Accounts
      1. Certain parts of Our Site (including the ability to purchase goods from Us) may require an Account in order to access them.
      2. You may not create an Account if you are under 18 years of age.
      3. When creating an Account, the information you provide must be accurate and complete.  If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
      4. We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers, and symbols.  It is your responsibility to keep your password safe.  You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately at sales@guckworthgroup.co.uk.  We will not be liable for any unauthorised use of your Account.
      5. You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.
      6. Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 16.
      7. If you wish to close your Account, you may do so at any time.  Closing your Account will result in the removal of your information.  Closing your Account will also remove access to any areas of Our Site requiring an Account for access.
 
  1. Intellectual Property Rights
      1. With the exception of User Content (see Clause 6), all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us.  All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.
      2. Subject to sub-Clauses 5.3 and 5.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
      3. You may:
          1. Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
          2. Download Our Site (or any part of it) for caching;
          3. Print one copy of any page(s) from Our Site;
          4. Download extracts from pages on Our Site; and
          5. Save pages from Our Site for later and/or offline viewing.
      4. Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
      5. You may not re-use any Content printed, saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so.  This does not prohibit the normal access, viewing and use of Our Site whether by business users or consumers.
      6. Nothing in these Terms of Use limits or excludes the fair dealing provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
 
  1. User Content
      1. User Content on Our Site includes (but is not necessarily limited to) reviews & comments.
      2. An Account is required if you wish to submit User Content.  Please refer to Clause 4 for more information.
      3. You agree that you will be solely responsible for your User Content.  Specifically, you agree, represent, and warrant that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 11.
      4. You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.3.  You will be responsible for any loss or damage suffered by Us as a result of such breach.
      5. You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein.  When you submit User Content you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting Our Site. In addition, you also grant Other Users the right to copy and quote your User Content within Our Site.
      6. If you wish to remove User Content from Our Site, the User Content in question will be anonymised by contacting sales@duckworthgroup.co.uk.  Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
      7. We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result.
      8. We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in User Content.  Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.
  2.       Links to Our Site
    1. You may not link to any page other than the homepage of Our Site, www.duckworthgroup.co.uk.  Deep-linking to other pages requires Our express written permission.  Please contact Us at sales@duckworthgroup.co.uk for further information.
    2. Framing or embedding of Our Site on other websites is not permitted without Our express written permission.  Please contact Us at sales@duckworthgroup.co.uk for further information.
    3. You may not link to Our Site from any other site the main content of which contains material that:
      1. is sexually explicit;
      2. is obscene, deliberately offensive, hateful or otherwise inflammatory;
      3. promotes violence;
      4. promotes or assists in any form of unlawful activity;
      5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;
      6. is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
      7. is calculated or is otherwise likely to deceive another person;
      8. is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
      9. misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);
      10. implies any form of affiliation with Us where none exists;
      11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
      12. is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
      13. The content restrictions in sub-Clause 7.3 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 7.3.  You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content.  You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.
 8. Links to Other Sites
 Links to other sites may be included on Our Site.  Unless expressly stated, these sites are not under Our control.  We neither assume nor accept responsibility or liability for the content of third party sites.  The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
 
  1. Liability and Disclaimers
      1. Nothing on Our Site constitutes advice on which you should rely.  It is provided for information purposes only.  Professional or specialist advice should always be sought before taking any action on the basis of any information provided on Our Site.
      2. Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
      3. We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date.  We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.  Please note that this exception does not apply to information concerning goods for sale through Our Site.  Please refer to Our Terms of Sale above for more information.
      4. To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content) included on Our Site.
      5. If you are a business user, We hereby exclude all implied conditions, warranties, representations or other terms that may apply to Our Site or Content.  We will not be liable for any loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
      6. If you are a consumer user, please note that Our Site is intended for business use only, however if, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies.  For more details on consumer rights, please contact your local Citizens Advice Bureau or Trading Standards Office.
      7. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
      8. Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.
      9. The limitations of liability included in this Clause 9 apply only to the use of Our Site and not to the sale of goods, which is governed separately by Our Terms of Sale  above.
 
  1. Viruses, Malware and Security
      1. We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
      2. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
      3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
      4. You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
      5. You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
      6. By breaching the provisions of sub-Clauses 10.3 to 10.5, you may be committing a criminal offence under the Computer Misuse Act 1990.  Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our Site will cease immediately in the event of such a breach.
 
  1. Acceptable Usage Policy
      1. You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 11.  Specifically:
          1. you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
          2. you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
          3. you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
          4. you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
      2. When submitting User Content (or communicating in any other way using Our Site), you must not submit, communicate or otherwise do anything that:
          1. is sexually explicit;
          2. is obscene, deliberately offensive, hateful or otherwise inflammatory;
          3. promotes violence;
          4. promotes or assists in any form of unlawful activity;
          5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation or age;
          6. is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
          7. is calculated or is otherwise likely to deceive;
          8. is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
          9. misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 11.2);
          10. implies any form of affiliation with Us where none exists;
          11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
          12. is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
      3. We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 11 or any of the other provisions of these Terms of Use.  Specifically, We may take one or more of the following actions:
          1. suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
          2. remove any User Content submitted by you that violates this Acceptable Usage Policy;
          3. issue you with a written warning;
          4. take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
          5. take further legal action against you as appropriate;
          6. disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
          7. any other actions which We deem reasonably appropriate (and lawful).
      4. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.
 
  1. Privacy and Cookies
Use of Our Site is also governed by Our Privacy Policy, available from www.duckworthgroup.co.uk/privacy-policy.  This Policy is incorporated into these Terms of Use by this reference.
 
  1. Changes to these Terms of Use
      1. We may alter these Terms of Use at any time.  Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented.  You are therefore advised to check this page from time to time.
      2. In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
 
  1. Contacting Us
To contact Us, please email Us at sales@duckworthgroup.co.uk or using any of the methods provided on our contact page at www.duckworthgroup.co.uk/contact-duckworth.
  1. Communications from Us
      1. If We have your contact details (if, for example, you have an Account) We may from time to time send you important notices by email.  Such notices may relate to matters including, but not limited to, service changes, changes to these Terms of Use, Our Terms of Sale, and changes to your Account.
      2. We will never send you marketing emails of any kind without your express consent.  If you do give such consent, you may opt out at any time.  Any and all marketing emails sent by Us include an unsubscribe link.  If you opt out of receiving emails from Us at any time, it may take up to 15 business days for Us to comply with your request.  During that time, you may continue to receive emails from Us.
      3. For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at sales@duckworthgroup.co.uk
 
  1. Data Protection
      1. All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
      2. For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy at www.duckworthgroup.co.uk/privacy-policy
  2. Law and Jurisdiction
      1. These Terms of Use, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
      2. If you are a business, any disputes concerning these Terms of Use, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
      3. If you are a consumer, any disputes concerning these Terms of Use, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

BACKGROUND:

These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, R. Duckworth (Wholesale) Ltd (“Our Site”).  Please read these Terms of Use carefully and ensure that you understand them.  Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of Our Site.  If you do not agree to comply with and be bound by these Terms of Use, you must stop using Our Site immediately.  These Terms of Use do not apply to the sale of goods.  Please refer to our Terms of Sale for more information above.