Shop Terms & Conditions
- Thank you for using www.duchessandbutler.com This document outlines the terms and conditions regulating the use of this website and the purchase of any items through this website. By using this website or placing an order through it, you are agreeing to be bound by these terms and our Data Protection Policies. These terms and the Data Protection Policies in force at the time that you use the website or at the time of the formation of the contract shall be the governing ones. By purchasing any item from this website, you enter into a contract with us on these terms.
- For sale of items through this website, your contract is with Duchess and Butler Ltd, a UK registered company with offices at Unit 7 Oakengrove Yard, Gaddesden Home Farm, Red Lion Lane, Hemel Hempstead, Hertfordshire, HP2 6EZ. Company registration number 09575189, with VAT No. GB 237 973 173 (referred to as “us”/”our”/”Duchess And Butler”).
- The information or personal details that you provide us with will be processed in accordance with the Data Protection Policies. By using this website, you are agreeing to the processing of this information and you acknowledge that all information and/or details you have provided us with are true and accurate.
- We have the right to revise and amend these Terms from time to time. You will be subject to the policies and Terms in force at the time that you use this website or order items from us, unless any change to those policies, Terms or Privacy Statement is required to be made by law or governmental authority, in which case, any potential changes will also apply to orders previously placed by you.
- By using this website and/or placing any order through it you agree to provide correct and accurate email, postal and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary. If you do not give us all of the information required, we may not be able to complete your order. By placing an order through the website, you warrant that you are at least 18 years old and are capable of entering into legally binding contracts.
- You may contact us on 01442 262772, by emailing email@example.com or writing to us at Unit 7 Oakengrove Yard, Gaddesden Home Farm, Red Lion Lane, Hemel Hempstead, Hertfordshire, HP2 6EZ.
- By using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with the information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirements that such communications be in writing.
Making an Order
- To place an order, you will be required to follow the online shopping process and press the “Confirm Order” button to submit the order. Our order process allows you to check and amend any errors before submitting your order to us. Please carefully check your order at each page of the order process.
- The information set out in the terms and the detail contained on this website does not constitute an offer for sale but rather an invitation to treat. No contract in respect of any items shall exist between us and you until your order has been accepted by us (whether or not funds have been deducted from your account). If we do not accept your order and funds have already been deducted, these will be fully refunded.
- When you have placed an order with us, you will receive an email acknowledging that we have received your order (the “Order Confirmation”). Please note that this does not mean that your order has been accepted. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the item has been dispatched (the “Dispatch Confirmation”). The contract for the purchase of an item between us (the “Contract”) will only be formed when we send you the Dispatch Confirmation.
- The contract will relate only to those items whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other items which may have been part of your order until the dispatch of such items has been confirmed in a separate Dispatch Confirmation. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product.
- All orders for items are subject to availability, in the event of supply difficulties or because items are no longer in stock, we reserve the right to give you information about substitute items of an equal or higher quality and value which you can order. If you do not wish to order the substitute items, we will refund any monies that you may have paid.
- We reserve the right to withdraw any items from this website at any time and/or remove or edit any materials or content on this website. Whist we will use our reasonable endeavours to process all the orders submitted to us, there may be exceptional circumstances which mean that we may need to refuse to process or accept an order after we have received it or sent you an Order Confirmation, which we reserve the right to do at any time.
- We will not be liable to you or any other third party by reason of our withdrawing any item from this website, removing or editing any materials or content on this website or refusing to process or accept an order after we have received it or sent you an Order Confirmation.
- We reserve the right to change a product to implement minor technical adjustments or improvements to the product itself or to reflect changes in relevant laws and regulatory requirements.
- Should there be an issue with your order, we will contact you as soon as is reasonably possible by phone or email to discuss the issue.
- Every effort is made to ensure that the photographic images used for our products show accurate product colour and detail. However, such images are for illustrative purposes only and we do not accept responsibility for any variation in colour caused by software or the computer systems used by you. Product packaging may vary from any images shown.
- Many of our products are handmade and, although we have made every effort to be as accurate as possible, some sizes, weights, capacities, colours, dimensions and measurements indicated on our site are for illustrative purposes only and shall be deemed to have a 5% variation tolerance.
- We take all reasonable care to maintain the accuracy of information concerning stock levels but, on occasion, discrepancies may occur. Should you place an order for an item displayed as “available” on our website and in fact the item is out of stock, we will notify you as soon as possible and refund any monies paid.
Payment & Prices
- The prices on the website include VAT but exclude delivery costs, which will be added to the total amount due. Please ensure that you check the delivery charge rate before submitting your order to us.
- Prices are liable to change at any time, but (other than as set out above) changes will not affect orders in respect of which we have already sent you an Order Confirmation.
- Payment can be using a debit/ credit Card or PayPal. The cards that we accept for payment are identified during the check out process and may change from time to time. All payments are processed by Stripe or Paypal and, where applicable, are to be authorised by 3D Secure.
- You must pay for products at the time of order. If we cannot accept your order for any reason we will refund any payment made.
- For payments not made to us by the due date, we reserve the right to charge interest to you on the overdue amount at the rate of 3% a year above the base rate of Barclays Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
- Items offered on this website are only available for delivery to the United Kingdom (Mainland only). If you would like to order items from another country then you are welcome to do so, however the ordered items can only be delivered to an address within the United Kingdom mainland.
- Subject to availability, and unless there are any exceptional circumstances, we will endeavour to fulfil your order for items listed in the Delivery Confirmation by the delivery date set out in the Delivery Confirmation and within a maximum of 30 days of the date of the Order Confirmation
- If we fail to deliver the items within 30 days of the date of the Order Confirmation, you may cancel the Contract and we will reimburse you the price of the items and any delivery costs paid.
- If our supply of the items 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. 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 items you have paid for but not received.
- In that event that no-one is available at the address stated in your order to accept delivery, our couriers will leave a note to inform you that delivery was attempted and what steps you are required to take to rearrange delivery or to arrange collection.
- If, after a failed delivery to you, you do not re-arrange delivery or collect the products from a delivery depot we will contact you for further instructions and reserve the right to charge you for further delivery costs and storage costs. If, despite our best endeavours, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 13.4.3 will apply.
- The items will be at your risk from the time of delivery or you have collected from our couriers (or made any other arrangement for delivery). Ownership of the items will only pass to you when we receive full payment of all sums due in respect of the items, including delivery charges, or upon delivery whichever is the later.
Changes, Cancellations & Refunds
- In order to speed up the dispatch process, you are unable to cancel an order once it has been placed.
- We take great care in curating the best products and hope that you will be happy with your purchase from Duchess & Butler. We understand that there are occasions you may want to return an item. If you aren’t totally satisfied with your purchase, you can return it to us in its original condition for a full refund, excluding original delivery fees.
- All return requests must be made within 14 days of delivery. Any return requests made after this point may not be processed.
- If you would like to return any items you have purchased from us, we will be happy to replace a product or issue a refund provided the items are returned in perfect condition, have not been used, washed or damaged. All original packaging must be in-tact. Please return the items using or including all their original packaging, instructions and other documents, if any, accompanying the items. If the items are damaged in any way, we may refuse a return.
- To initiate a refund, please contact firstname.lastname@example.org with the following information :- Name
– Contact Number
– Reason for Return
– Date of Purchase
– Order Number / Proof of Purchase
– Video/Photograph of the faulty product (If applicable)
- This will initiate the returns process and a Returns Number will be allocated. The Returns Number should be clearly enclosed, any items returned without a Returns Number may be refused return. All items must be returned in perfect, re-saleable condition and in the original packaging to the below address:FAO: Returns
Duchess & Butler
Unit 7 Oakengrove Yard,
Gaddesden Home Farm,
Red Lion Lane,
- You are responsible for the cost and risk of returning the items to us as indicated above.
- We are unable to take responsibility for items lost or damaged in transit therefore we recommend obtaining an insured and trackable service for returns. Please ensure it is packaged and sent appropriately. Returns will only be processed once the order has been received. In the unlikely event that the item return is in an unsuitable condition, it may be sent back to you and the return refused.
- We reserve the right to deduct from the refund reasonable compensation from the net costs we will incur as a result of your termination of the contract. We will not refund the cost of the return postage unless the item was faulty. In the event that you wish to make an exchange, you will be charged at the standard delivery rate for any new item and the original delivery fee will not be refunded.
- Please allow up to 14 working days after the item has been returned for returns to be processed.
- The refund will always be paid using the same payment means you used to pay for your purchase.
- Please ensure you check all items when you receive them and report any damaged or faulty goods straight away by emailing email@example.com Please provide evidence of faulty product such as photographic or video evidence and proof of purchase. We will examine the item and if we deem it to be faulty, we will provide a full refund including delivery charges, and the refund will be paid using the same means of payment that you originally used to pay for your purchase. We cannot process returns for faulty goods where the items have been returned without contacting us first.
Pre-Orders & Bespoke Items
- Prices and delivery times given with respect to pre-orders made via the website for any out of stock or custom made products are indications only. We cannot guarantee the price, availability or delivery date of pre-ordered products until such products are in stock. As with clause seven, your pre-order is not deemed to be accepted until a Dispatch Confirmation has been sent.
- Orders for personalised, tailor-made or bespoke sourced items shall be placed via contacting firstname.lastname@example.org where a bespoke order form will need to be completed and payment received before the order can be processed. Any additional terms and conditions relating to your bespoke items will be communicated at this time.
- One receipt of payment for your personalised, tailor-made or bespoke item, your order shall be deemed as accepted and we will commence our services to provide the goods. On acceptance of your order your right of cancellation shall cease and we will only provide a refund if the personalised, tailor-made or bespoke products are faulty and not as described.
- It is your responsibility to provide us with correct information and measurements where measurements to the personalised, tailor-made or bespoke product applies.
Liabilities & Other Important Information
- All communications and notices given by you to us should be given to us via the contact form on our website or via the email address email@example.com or firstname.lastname@example.org We may give notice to you at either the email or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post, and in the case of an email, that such email was sent to the specified email address of the addressee.
- The contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or of any of your rights or obligations arising under it (aside from our guarantee), without our prior written consent. However, you may transfer our guarantee in respect of defective products which is stated above, to a person who has acquired the item. 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, for example by providing proof of purchase or producing a letter or chain of letters from the original Purchaser and subsequent Purchasers (where appropriate) transferring the benefit of the guarantee to the new owner of the property in question. We may transfer, assign, charge, subcontract or otherwise dispose of a Contract, of any of our rights or obligations arising under it, at any time during the term of the Contract. For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect your statutory rights as s consumer of your rights under the Contract or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to you, whether expressed or implied.
- We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under a Contract that is caused by events outside of our reasonable control. An event outside our control includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following :
– Strikes, lock-outs or other industrial action
– Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
– Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster.
– Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
– Impossibility of the use of public or private telecommunications networks.
– The acts, decrees, legislation, regulations or restrictions of any government.
– Any shipping, postal or other relevant transport strike, failure or accidents.
- Our performance under any Contract is deemed to be suspended for the period that any event outside our control continues, and we will have an extensions of time for performance for the duration of that period. We will use our reasonable endeavours to bring the any event outside our control to a close or to find a solution by which our obligations under the Contract may be performed despite the any event outside our control.
- If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such tights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default arising from the Contract or the Terms. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the paragraph on Notices above.
- Our total liability to you in respect of any losses arising as a result of non-delivery of products ordered shall be limited to the cost of the product(s) ordered but not delivered.
- We only retail products for private and domestic use. We cannot be held liable for businesses losses, business interruption or loss of business opportunity resulting in items purchased from us and used for any business, commercial or re-sale purposes.
- We will not be deemed to be in breach of the contract or be liable to you by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the products ordered by you if the delay or failure was due to you failing to comply with any of your obligations.
- If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- The use of our website and the Contracts for the purchase of items through such website will be governed by English Law. Any dispute arising from or related to the use of the website or to such Contracts shall be subject to the nonexclusive jurisdiction of the English Courts. If you live in Scotland, you can bring legal proceedings in respect of the items in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the items in either the Northern Irish or the English Courts.
Email – email@example.com
Telephone – 01442 262772
Post – Duchess and Butler, Unit 7 Oakengrove Yard, Gaddesden Home Farm, Red Lion Lane, Hemel Hempstead, Hertfordshire, HP2 6EZ