in general

These Terms and Conditions (“Terms”) constitute a legally binding agreement between the Purchaser and Maderite that governs your use of this Website and the products and services available through this Website (hereinafter “the Services”). Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using our site.

Information about us

The website is owned and operated by Maderite Group LTD with an office at 53 Redmans Road, London E1 3AQ UK

Accessing our Site

Access to our Website is provided on a temporary basis, and we reserve the right to withdraw or amend the Website without notice (see below) and to restrict, in our sole discretion, access to the Website and/or the Services. We will not be liable if for any reason the Website is unavailable at any time or for any period. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You may not use a user/account name that is used by someone else, is vulgar or otherwise offensive (as determined by us), infringes any trademark or other proprietary rights of others, or is used in any way that violates these Terms. We reserve the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be liable for any losses damages claims or awards suffered by us at the hands of a third party due to someone else using your account or password. You may not use anyone else's account at any time.

Our website changes regularly

We aim to update our Website regularly, and may change the content of our site at any time. If the need arises, we may suspend access to our Website, or terminate it indefinitely. Any of the information on our site may be out of date at any given time, and we are under no obligation to update it.

Prohibitions

You must not misuse this Website. In particular you agree that you may not access or use the Website in order to: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; collect in any way personal information about others, including e-mail addresses, or use such information to send any unsolicited advertising or promotional material, commonly referred to as "spam"; use the Services for fraudulent transactions; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. You must not, except as expressly authorized by us, advertise or offer to sell or buy any goods or services for any purpose or otherwise commercially exploit the Website/Services without our prior written consent. By breaching these provisions, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it. You are strongly advised to own and run your own security and virus protection software.

termination of account

We have the right to terminate or suspend, and you have the right to cancel, your account(s) or a particular subscription at any time. You understand and agree that, except as expressly provided by law, the cancellation of your account or a particular subscription is your sole right and remedy with respect to any dispute with us. You can cancel your account(s) or a particular subscription for the Services by following the procedures made available with the applicable services. We reserve the right to collect fees, surcharges or costs incurred before you cancel your account(s) or a particular subscription. In the event that your account or a particular subscription is terminated, suspended or canceled, no refund will be granted;

6. Intellectual property rights

The intellectual property rights in all software and content made available to you on or through this Website remains our property or our licensors and is protected by copyright laws and treaties around the world. All such rights are reserved. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise. All User feedback, comments, ideas, and other submissions ("Ideas") disclosed, submitted, or offered to us or our agents in connection with the use of the Website shall become our exclusive property. You agree that unless otherwise prohibited by law we may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to you.

disclaimer of liability

The content information and material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy, operation, security, and availability. To the extent permitted by law we hereby expressly exclude: All conditions, warranties and other terms, which might otherwise be implied by statute, common law or the law of equity; Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law. Some other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

Indemnity

You agree to indemnify, defend and hold us harmless , our directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your mis-use of this Website or your breach of these Terms.

privacy policy

We process information about you in accordance with our Privacy Policy and in accordance with all UK applicable Data Protection Laws. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.

Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy, as stated above. If you wish to make any use of material on our site other than that set out above, please address your request to

Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

terms of sale

By placing an order through this site you are offering to purchase the product(s) at the price and on the terms displayed and subject to the these Terms including what follows. All orders are subject to availability and confirmation by us of the order price. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to mainland UK and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our Delivery Charges notice for further information. In order to contract with us you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. We are not obliged to accept your order or any other request made by you. If your order is accepted we will inform you by email. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

1. Contract

We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.

2. Price

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled and if you have already paid for the goods, you will receive a full refund. Where applicable, prices are inclusive of VAT at the UK rate. VAT is not included in our prices for customers outside of the EU. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.

3. Returns and refunds (right for you to cancel the contract)

You may change your mind and return the goods and obtain a refund ( this amounts to cancelling your contract with us for the goods you order ) at any time up to the end of the seventh working day from the date you receive the ordered goods. You do not need to give us any reason nor will you have to pay any penalty apart from the cost of returning the goods to us. You cannot cancel your contract if the goods you have ordered are newspapers or magazines or if you have taken any audio or video recording or computer software out of the sealed package in which it was delivered to you. To cancel your contract you must notify us and confirm any telephone conversation in writing by e-mail sent to returns@darkpink.co.uk If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible. Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be credited to you.

4. Cancellation by us

We reserve the right to cancel the contract between us if: (i) we have insufficient stock to deliver the goods you have ordered; (ii) we do not deliver to your area; or(iii) one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.If we cancel your contract we will notify you by email and will credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

5. Delivery of goods to you

We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order. Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order. You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

6. Liability

(i) If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question. (ii) If you do not receive the goods ordered within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods. (iii) If you notify a problem to us under clauses 6(i) or 6(ii) above, our only obligation will be, at your option: to make good any shortage or non-delivery; to replace or repair any goods that are damaged or defective; or to refund to you the amount paid by you for the goods in question in whatever way we choose. (iv) Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 6(iii) above. (v) You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase. (vi) Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected

Jurisdiction and applicable law

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of this contract (these conditions) in your country of residence or any other relevant jurisdiction. These terms of use 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) shall be governed by and construed in accordance with the law of England and Wales.

entire agreement

These Terms, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

Your concerns

If you have any concerns about our Website/Services, please contact info@darkpink.co.uk Thank you for using our Website.

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