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Terms & Conditions

 

By using the Durance UK website, you signify your consent to these Terms and Conditions.

These terms and conditions (“Terms”) govern the use of the website https://durance-uk.com/(“Website”) by users (“you” or “your”) and their relationship with:

Imperial RK Limited (trading as www.durance-uk.com) whose registered address is 20-22 Wenlock Road, London, England, N1 7GU.

Please read the terms and conditions carefully, as they affect your legal rights and obligations. If you do not agree to these Terms and Conditions, please do not access or use the Website. By ordering our goods or services, you agree to comply with these terms and conditions. It is recommended that you print a copy of these Terms and Conditions so that you have them at your fingertips.

If you have any questions about these terms and conditions, please contact us info@durance-uk.com

1) Agreement: By using the Website, you agree to be bound by these Terms.

2) Amendments: We reserve the right to update these Terms from time to time and any changes will be notified to you via a suitable announcement on the Website. It is your responsibility to check for such changes. The changes will apply to the use of the Website after we have given such announcement. If you do not wish to accept the new Terms, you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms. We may modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to you, and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents.

3) Registration: You warrant that the personal information which you are required to provide when you register is true, accurate, current, and complete in all respects; and you are not impersonating any other person or entity. The products purchased on this site are for private and domestic use only and are not for resale. You will notify us immediately of any changes to the personal information by changing them within your user account or emailing/telephoning our customer service representatives – [info@durance-uk.com](mailto:info@durance-uk.com).

4) Privacy Policy: We will treat all your personal information as confidential and will only use it in accordance with our Privacy Policy. When you shop on this Website, we will ask you to input personal details to identify you, such as your name, email address, billing address, delivery address, credit card, or other payment information. We confirm that this information will be held by us in accordance with the registration we have with the Data Commissioner’s office.

5) Protecting Your Security: To ensure that your credit, debit, or charge card is not being used without your consent, we will validate the name, address, and other personal information supplied by you during the order process against appropriate third-party databases. We take the risk of internet fraud very seriously. With the volume of fraudulent credit card transactions increasing, we make every effort to ensure all orders are thoroughly checked using the information already supplied. There is a possibility we may contact you to make additional security checks, and we ask for your cooperation to enable us to complete them. We will not tolerate fraudulent transactions, and such transactions will be reported to the relevant authorities. By accepting these terms and conditions, you consent to such checks being made. In performing these checks, personal information provided by you may be disclosed to a registered Credit Reference Agency, which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed, and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.

6) Compliance: The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes, and regulations regarding the Website and its use. You agree not to upload or transmit through the Website any computer viruses or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer; and any material which is defamatory, offensive, or of an obscene character.

7) Indemnity: You agree to fully indemnify, defend, and hold us, and our officers, directors, employees, and suppliers, harmless immediately on demand, from and against all claims, losses, costs, and expenses, including reasonable legal fees, arising out of any breach of these Terms by you or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information.

8) Third-Party Links: As a convenience to our customers, the Website may include links to other websites or material which is beyond our control. For your information, we are not responsible for such websites or material, nor do we review or endorse them. We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites nor for any damage, loss, or offence caused or alleged to be caused in connection with the use of or reliance on any such advertising, content, products, materials, or services available on such external websites or resources.

9) Orders: All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by email (or by other means if no email address has been provided). You will have the option either to wait until the item is available from stock or to cancel your order. Any orders placed by you will be treated as an offer to purchase the goods or services from us, and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order, which you may receive from us, shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit, debit card, or PayPal account, or (ii) dispatch the goods to you or commence the services, whichever is later. We will take all reasonable care, insofar as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Website. You will assume the risk for the products once they have been delivered to the delivery address which you specified when ordering the products. We accept no liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you specified. Notwithstanding that risk of loss or damage to the products only passes to you once they have been delivered to the delivery address, ownership of the products shall pass to you on the later of: (a) the products being dispatched by us; and (b) us receiving payment in respect of the same.

10) Cancellation Rights: Where you have purchased the goods or services as a consumer (i.e., for private use as opposed to business use), you are entitled to cancel any contract completed with us within 14 days from the day on which you acquire physical possession of the goods. If you wish to cancel a contract pursuant to this clause, please see our Returns Policy for further details on how to do this.

11) Price and Payment: All prices shown are inclusive of VAT (only where applicable – see below) at the current rates and are correct at the time of entering the information onto the system. We reserve the right, however, to change prices at any time without notice to you. If your delivery address is within the United Kingdom, no additional taxes will be charged to you. If your delivery address is outside of the United Kingdom, you may be subject to import duties and taxes (including VAT), which are levied once a delivery reaches your destination country. Any such additional charges must be borne by you. (If your delivery address is inside the European Union (‘EU’) see ‘Customs clearance responsibilities for EU delivery addresses’). You should note that customs policies and practices vary widely from country to country. We recommend that you contact your local customs office for information. Please note that when shipping goods from outside the United Kingdom, cross-border shipments may be subject to opening and inspection by customs authorities. In respect of all goods dispatched to you to an address outside of the United Kingdom, you are deemed to be the importer of the goods and must therefore comply with all the laws and regulations of the country into which the goods are being delivered. Payment can be made by any major credit or debit card or via your PayPal account. Payment will be debited and cleared from your account before the dispatch of your goods or provision of the service to you. In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order in accordance with clause 9, we are not required to sell the goods to you at the price shown. We always try to ensure that the prices of goods shown on our website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered, we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the goods, then you will receive a full refund. You confirm that the credit, debit card, or PayPal account that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable to you for any delay or non-delivery. If your credit or debit card payment is not processed successfully for any reason, we reserve the right to reattempt to process payment within 48 hours. In the event that the payment is still unsuccessful, we will give you at least 48 hours’ notice in advance of any further reattempt to process payment by sending an email to the email address you have provided to us. If you do not want us to reattempt to process payment, you must cancel your order in advance. You may only use one discount code with each order. We reserve the right to reject or cancel any orders where you add more than one discount code to the basket. We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value.

12) Overseas Orders: For orders dispatched from the UK for deliveries to addresses overseas, for legal purposes you are the importer of the goods, and are responsible for any import formalities as well as any duties, tariffs, or taxes which may be charged by any customs authority. However, as part of your purchase, and by agreeing to these terms, you hereby authorise us to appoint our designated carrier(s) to carry out any required customs formalities on your behalf, including payment of any duties, tariffs, or taxes to the appropriate customs authority. The designated carrier will deliver the goods to you in addition to any incurred expenses from the package’s transit. These customs formalities will be carried out in different countries depending on the country in which your delivery address belongs, and the carrier used. Your goods will be cleared for customs purposes in one of the following ‘clearance countries’.

13) Tax Invoices Overseas: We do not provide tax invoices for shipments abroad from the UK. Any proof-of-sale document we provide at your request is provided entirely at our discretion and serves as a record of your purchase only. The document may not comply with the requirements imposed by the tax authorities in your local jurisdiction for the purposes of reclaiming VAT, and we are unable to provide additional documentation in this regard.

14) Eligibility to Purchase: To be eligible to purchase goods on this Website and lawfully enter into and form contracts on this Website under English law you must, if an individual, be 18 years of age or over; and register your real name, address, phone number, email address, and any other details requested. By offering to purchase goods and services you represent to us that you are 18 years of age or over and authorise us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation, and to authorise individual purchase transactions.

15) Intellectual Property: The content of the Website is protected by copyright, trademarks, database, and other intellectual property rights, and you acknowledge that the material and content supplied as part of the Website shall remain with us or our licensors. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network), or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy, or distribute or use for commercial purposes any of the materials or content on the Website.

16) Limitation of Liability: Notwithstanding any other provision in the Terms, nothing in these Terms affect or limit your rights as a consumer under English law; or will exclude or limit our liability for death or personal injury resulting from our negligence. The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made, and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the Internet. While we will try to ensure that material included on the Website is correct, reputable, and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website, we will attempt to correct this as soon as we reasonably can. In particular, we disclaim all liabilities in connection with the following: incompatibility of the Website with any of your equipment, software, or telecommunications links; technical problems including errors or interruptions of the Website; unsuitability, unreliability, or inaccuracy of the Website; and failure of the Website to meet your requirements. To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms include, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy, and loss of data) or any other indirect, special, or punitive damages whatsoever that arise out of or are related to the Website.

17) Severance: If any part of the Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.

18) Waiver: No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.

19) Entire Agreement: These Terms form the entire basis of any agreement reached between you and us.

20) Law and Jurisdiction: These Terms shall be governed by and construed in accordance with the laws of England and Wales, and any disputes will be decided only by the English courts.

21) Reviews: If you submit a review, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Durance UK the right to use the name that you submit in connection with such content, if they choose. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to Durance UK: The content and material are accurate; Use of the content and material you supply does not breach any applicable guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Durance UK for all claims brought by a third party against Durance UK arising out of or in connection with a breach of any of these warranties.

22) Gift With Products Promotions: Where we are offering a free gift with a product, we shall only provide what is outlined within the checkout basket. The free gift is subject to availability, and we reserve the right to change the free gift for an alternative gift. In order for us to facilitate the provision of a free gift, it may be necessary for us to include the free gift on our site at a nominal value. For the avoidance of doubt, you are not entitled to ‘purchase’ the free gift without purchasing the product it is provided free with, and any attempt to ‘purchase’ the free gift will be cancelled (notwithstanding any automated communication you may receive acknowledging your order).

23) Social Media Content Use Terms and Conditions: 

  1. By permitting Imperial RK Limited (registered in England and Wales under company registration number 10566311) whose registered address is 20-22 Wenlock Road, London, England, N1 7GU, or any other member of Imperial RK Limited (“we,” “our” or “us”) to use particular Content (by affirmatively answering a request from us or on our behalf on social media or otherwise indicating your agreement for us to use your Content), you agree to be bound by these Social Media Content Use Terms and Conditions (“Terms”).
  2. In these Terms “Content” refers to the photo and/or video, including any sound and accompanying text, posted through your account on social media, accompanying metadata such as time and place of creation, your user name, and links to your social media profile.
  3. You grant us a right to use and display the Content, in any media, worldwide, for any lawful commercial purpose, in original or edited form, including without limitation: on our social media accounts, websites, blogs, digital displays, advertising (organic and paid), and generally in the promotion of our products or services. Such rights also extend to our group companies, affiliates, agents, employees, representatives, assigns, licensees, and anyone else acting on behalf of us.
  4. The rights that you grant to us to use your Content are perpetual and irrevocable and you may not cancel or withdraw your permission for us to use your Content. However, this does not affect your or any other person’s rights in relation to personal data as referred to below.
  5. The rights you grant to us are non-exclusive and (subject to our rights) you retain all rights to use the Content for your own purposes. We will not pay any royalties or compensation to you or any third party for use of the Content. Use is at our discretion and we are not obliged to use your Content in any particular way or at all.
  6. You agree that you do not have any right to review, approve, or object to our use of your Content or advertising copy, or to be identified as the author/creator of the Content.
  7. By agreeing to these Terms you represent and warrant to us that:
    1. The Content is your original work and you own it and all intellectual property rights in it and have all necessary rights to grant us the rights set out in these Terms (including in relation to copyrights, trademarks, private or public buildings, performances, sounds, and music) or, if you are not the owner of such rights, you have already obtained permission from the owner of such rights, and will inform us if this is incorrect or such permission is withdrawn at any time;
    2. Our use of your Content as provided herein will not infringe intellectual property, privacy, image, performance, or publicity rights, or any other rights of any third party, require the payment of any compensation to any third party, or breach any applicable laws;
    3. Nothing in your Content will be illegal, defamatory, obscene, or threatening to any third party; and
    4. You are aged 18 or over and have the right to agree to these Terms.
  8. You will indemnify and keep us indemnified in full from and against any and all liability, loss, damages, injury, costs and expenses (including increased administration costs and reasonable legal expenses) awarded against, or incurred or paid by us as a result of or in connection with the Content, including without limitation for breach of intellectual property, data protection, privacy, image, performance, or publicity rights.
  9. The Content will not include any personal data about another person unless you have obtained that person’s consent. If a person is under 18 you must obtain the consent of their parent or guardian.
  10. You agree that we may use, disclose, transfer, and otherwise process any personal data that is included in the Content for the purpose of use and publishing in accordance with these Terms.
  11. To the extent that the use of the Content requires us to process personal data, you consent to the processing of such data in accordance with these Terms and our Privacy Policy.
  12. These Terms are subject to the laws of England and Wales and the non-exclusive jurisdiction of the English courts.
  13. We may update these Terms from time to time and you will be bound by the updated version as soon as it is posted on our website. We will always have the most up-to-date version of these Terms available on our website. You should review these Terms regularly. If you do not accept any changes to these Terms, you should immediately notify us and cease any further use of your Content.
  14. If any provision of these Terms is found to be invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
  15. These Terms (together with any documents referred to in them) constitute the entire agreement between you and us and supersede any previous agreements or understandings between you and us.

24) Data Protection Policy: We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Policy. You should review our Privacy Policy, which is incorporated into these Terms by this reference.

25) Contact Details: If you have any queries about these Terms or any other aspect of our Website, you can phone us on +44 141 489 0386, or email us at info@durance-uk.com, or write to us at Imperial Durance UK,Unit 4, Innovation Park, 89 Manor Farm Rd, Wembley HA0 1BA.

Dispute Resolution:

  1. Most concerns can be resolved quickly by contacting us on +44 141 489 0386, or emailing info@durance-uk.com
  2. If you are not satisfied with the way your query is dealt with, and you want to take further action, you may wish to use the European Commission’s Online Dispute Resolution platform. This platform is designed to help consumers and traders resolve disputes without going to court. It is simple to use and free of charge. You can find out more about the platform and how it works on their website https://ec.europa.eu/odr
  3. If you would prefer to take legal action against us, the courts of England and Wales will have exclusive jurisdiction in relation to these Terms.

These Terms were last updated on 27 February 2024.

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