TERMS & CONDITIONS (D.A.I. LEISURE PURSUITS LIMITED)
1. Status of Terms.
1.1 These terms constitute a legal document ( “the Agreement”) which sets out the rights and obligations of you as a purchaser (“you”), and those of D.A.I. Leisure Pursuits Ltd, ( “we or us”), in relation to the services and products offered by us through this site or any of the other sites owned by us. By registering for D.A.I. Leisure Pursuits services, you agree to the terms of this Agreement, and you re-affirm that Agreement every time you use any of our services.
1.2 You agree to;
1.2.1 Provide true, accurate, current and complete information about yourself as prompted by our registration form (such information being the “Registration Data”); and
1.2.2 maintain and promptly update the Registration Data to keep it true accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or D.A.I. Leisure Pursuits Ltd has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, D.A. I. Leisure Pursuits Ltd., has the right to suspend or terminate your account, cease supply and refuse you any and all current or future use of the D.A.I. Leisure Pursuits Limited site (or any portion of it).
2.Place of performance and applicable law.
D.A.I Leisure Pursuits Limited is a company registered in England. Unless otherwise specified, the materials on this site are directed solely at those who access this site from the United Kingdom mainland. D.A.I. Leisure Pursuits Limited makes no representation that any product referred to in the materials on this site is appropriate for use, or available, in other locations. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable. English law shall govern this Agreement. You and we shall submit to the exclusive jurisdiction of the English courts in relation to disputes arising out of this Agreement. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
3.Placing an order.
3.1 A notice will be displayed on your web browser before you submit an order with D.A.I. Leisure Pursuits Limited (“the Pre-contract Notice”). The Pre-contract Notice contains important information such as a description, price (including export taxes) and delivery charges of the good or services ordered. D.A.I. Leisure Pursuits Limited suggests that you print off a hard copy of the notice, or save a copy to your hard drive for your own records.
3.2 D.A.I. Leisure Pursuits Limited will not be obliged to supply the goods or services submitted in your order until you have received an e-mail from D.A.I. Leisure Pursuits Limited accepting your order (“Order confirmation“). However, in the event the goods or services are listed on D.A.I. Leisure Pursuits Limited site at an incorrect price due to typographical error or error in pricing information received from its suppliers, but D.A.I. Leisure Pursuits Limited have accepted your order before the discrepancy is noticed, D.A.I. Leisure Pursuits Limited shall e-mail you to ask whether you are willing to pay the correct price for the goods or services ordered. If you are not willing to pay the correct price D.A.I. Leisure Pursuits reserves the right to cancel the contract immediately without any liability to you.
3.3 (If D.A.I. Leisure Pursuits Limited exercises its right under clause 3.2 to cancel a contract, it will immediately issue a credit to your debit or credit card account if it has already made a charge to your card before cancelling your order.) OR (D.A.I. Leisure Pursuits Limited will not charge your debit or credit card until the goods are despatched to you or it has commenced performance of the services sold to you.)
3.4. (In the event that the goods ordered by you are not available, D.A.I.Leisure Pursuits Limited reserves the right to provide you with goods of a similar quality and specification and will inform you of such in the Order Confirmation.)
4. Right to Cancel.
4.1. You have the right to cancel any contract either:
4.1.1 within seven days from the date of delivery if D.A.I. Leisure Pursuits Limited has supplied goods to you; OR
4.1.2 within seven days from the date D.A.I. Leisure Pursuits Limited sent you the Order Confirmation if D.A.I. Leisure Pursuits Limited has contracted to supply services to you, provided that D.A.I. Leisure Pursuits Limited has not started to provide those services before the expiry of the cancellation period.
4.2. The cancellation notice should be sent by e-mail to D.A.I. Leisure Pursuits Limited and must state your name, description of the goods or services concerned and the contract number of the cancelled contract. Attaching the Order Confirmation D.A.I. Leisure Pursuits Limited originally sent you, will assist D.A.I. Leisure Pursuits Limited in processing your cancellation as quickly as possible. (The contract number is stated in the Order Confirmation e-mailed to you on D.A.I. Leisure Limited’s acceptence of your order.)
4.3. Where D.A.I. Leisure Pursuits Limited have supplied goods to you, you must take reasonable care of the goods in your possession pending their return to D.A.I. Leisure Pursuits Limited. D.A.I. Leisure Pursuits Limited will only accept the returned goods in their original packaging and which do not exhibit signs of wear and tear. Any use of the delivered goods beyond that necessary to inspect the goods on delivery will invalidate your right to cancel the contract.
4.4. You must return the goods to D.A.I. Leisure Pursuits Limited by registered post or similar within five days (excluding Saturdays, Sundays or Bank Holidays) from the date of the cancellation notice. You are responsible for the cost of returning the goods to D.A.I. Leisure Pursuits Limited and the risk of damage in transit . D.A.I. Leisure Pursuits Limited reserves the right to refuse a refund and it will be your responsibility to seek compensation from the carrier.
4.5. Once D.AI. Leisure Pursuits Limited has received the returned goods and satisfied itself that you have complied with clause 4.3., it will send you confirmation by e-mail that the return of the goods has been accepted by D.A.I. Leisure Pursuits Limited and will immediately make a refund of the contract price to your debit or credit card used to purchase the goods.
5. Content
5.1. D.AI. Leisure Pursuits Limited had taken reasonable care in the preparation of the contents of this site. However, to the extent permitted by applicable law, D.A.I. Leisure Pursuits Limited disclaims all warranties (express or implied) as to the accuracy of the information contained in any of the materials on this site.
5.2. D.A.I. Leisure Pursuits Limited shall not be liable to any person for any loss or damage, which may arise from the use of any of the information contained in any of the materials on this site.
5.3. Certain links in this site (typically a banner advert or icon) will lead to sites which are not under the control of D.A.I. Leisure Pursuits Limited. When you activate any of these, you will leave the D.A.I. Leisure Pursuits Limited site and D.A.I Leisure Pursuits Limited has no control over and will accept no responsibility or liability for the material on any site which is not under the control of D.A.I. Leisure Pursuits Limited.
6. Limitation of Liability
6..1 Nothing in this Agreement shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arsing from the negligence or fraud of D.A.I. Leisure Pursuits Limited.
6.2. Subject to clause 6.1., you agree that D.A.I. Leisure Pursuits Limited shall not be liable either in contract, tort, negligence. Statutory duty or otherwise, for any:
6.2.1. Loss of profits, revenue or goodwill or any type of consequential, indirect or special loss or damage whatever arising from or in any way connected with this Agreement;
6.2.2 Direct loss or damage (including loss or damage which is reasonably foreseeable or occurs naturally in the course of things) resulting from any acts, omissions, failures or delays occurring on or in relations to those parts of the Internet not under D.A.I. Leisure Pursuits Limited’s direct control including, without limitation, damage for loss of business, loss of sales, non- payment of sums due, loss of profits, business interruption, loss of reputation, loss of business information, or any other pecuniary loss (even where D.A.I. Leisure Pursuits Limited has been advised of the possibility of such loss or damage).
6.3. You also agree that (except in relation to such liability as has been expressly excluded in clause 7.1 above) the maximum aggregate of liability of D.A.I. Leisure Pursuits Limited in contract, tort, negligence, statutory duty or otherwise, (even where D.A.I. Leisure Pursuits Limited has been advised of the possibility of such loss or damage), for any loss or damage whatever arising from or in any way connected with:
6.3.1 any defect in a product;
6.3.3 any mis-routing or non-delivery of signals, data information, messages or orders from you to other persons or from other person to you, or any scrambling or distortion of data or information contained in them; and
6.3.4 any liability not excluded by this Agreement shall, in respect of any one or more events or series or events (whether connected or unconnected) taking place within any twelve months period be limited, in the case of defects falling within clause 6.3.1, to three times the price of the relevant goods/services.
This limit shall also apply in the event that any exclusion or other provision contained in this Agreement is held to be invalid for any reason and D.A.I. Leisure Pursuits Limited becomes liable for loss or damage that could otherwise have been limited.
6.4 You agree and acknowledge that you are in a better position than D.A.I. Leisure Pursuits Limited to foresee and evaluate any potential damage or loss that you may suffer in connection with the goods and services provided by D.A.I. Leisure Pursuits Limited cannot adequately insure in respect of such liability. You warrant to D.A.I. Leisure Pursuits Limited that you will insure against, or bear yourself, any loss for which D.A.I. Leisure Limited has excluded liability.
6.5 Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of liability set out in this clause 6 may not apply to you.
7.3.2 any failure by D.A.I. Leisure Pursuits Limited to process signals, data, information, orders or messages correctly or in a timely manner;
7. Indemnity
Save to the extent that it falls within the provisions of clause 6, you shall indemnify D.A.I. Leisure Pursuits Limited and any third party (including its sub-contractors) from and against any liability, losses, rights, expenses, loss of profits, business interruption, consequential loss, pecuniary loss, claims or legal proceedings, including, but not limited to claims involving defamation and intellectual property infringement, and expenses, including legal fees, arising from your use of the D.A.I. Leisure Pursuits Limited site or purchase of goods and/or services from that site which are brought or threatened against D.A.I. Leisure Pursuits Limited or suffered or incurred by D.A.I. Leisure Pursuits Limited by another person or entity.
8.Delivery
Delivery times quoted are estimates only, and D.A.I. Leisure Pursuits Limited shall not be liable for any delays caused except to the extent caused wilfully or negligently by D.A.I. Leisure Pursuits Limited. However, unless we have agreed a longer period for delivery with you, we will either deliver goods and/or services within thirty days of you placing the order or we will let you know as soon as it will not be possible to meet this obligation. If we do let you know ,then we will either agree a new time for delivery with you or, at your request, refund any monies paid by you in respect of the delayed goods/services.
9. Complaints handling procedure
In the event that you have any complaints as to our service or any of the goods and services supplied to your from our site, please refer to our complaints handling procedure which is set out on this site.
10. Copyrights
All designs, texts, graphics and their selection and arrangement on this site are the copyright of D.A.I. Leisure Pursuits Limited or its content providers. As a visitor to the D.A.I. Leisure Pursuits Limited site you are licensed to copy electronically or to print portions of this site for your own personal, non-commercial use. Any other use of materials on this site without D.A. I. Leisure Pursuits Limited prior written consent is strictly prohibited.
11. Software
11.1 Intellectual property rights in any software or any other copyrighted materials (“Software”) and supporting documentation supplied by us to remain our property or that of our licensors.
11.2 Without our written consent and without affecting any applicable statutory rights under the Copyright (Computer Program) Regulations 1992 (as amended , supplemented or replaced from time to time) you shall not and shall not permit any other person to:
11.2.1 Disassemble, reverse engineer, de-compile or in any other way interfere with the Software;
11.2.2 copy or modify the Software; or
11.2.3 create any new Software partly or wholly based on the Software.
11.4 You must not transfer, assign or sub-license your right to use the Software or attempt to do so.
12. Typographical and Pricing Errors
12.3 Subject to the terms of this Agreement, you are licensed to use the Software and associated documentation non-exclusively, but only for the purposes identified n the site in relation to the Software.
In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse to meet or to cancel any orders placed for that product or service whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account in the amount of the charge.
13. Matters Beyond Our Reasonable Control
D.A.I. Leisure Pursuits Limited shall not be held liable for any breach of this Agreement caused by circumstances out of its control, including, but not limited to, Acts of God, fire, lightening, flood, or extremely severe weather, explosion, war, disorder, flood, industrial disputes (whether or not involving our employees), acts or omissions of Internet services providers or acts of local or central Government or other competent authorities.
14. Language
In the event of conflict or inconsistency between the terms of the English Language version of this Agreement and any translation provided by us, the English Language version shall prevail.
15. Severability
In the event that any term of this Agreement is held to be invalid or un-enforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.
16. This Agreement.
This Agreement, together with our Privacy and Fraud and Piracy Policies, contains the entire agreement and understanding between the parties relating to its subject matter, and (in relation to that subject matter) supersedes any and all prior agreements, arrangements, statements and understandings, except for any fraud or fraudulent representation by either party. Accordingly, we exclude all representations and warranties relating to the subject matter of this Agreement, whether they are statutory or otherwise, as far as is possible by law. In the event of conflict or inconsistency between the above documents, the following order of priority shall apply: (1) this Agreement (2) the Privacy Policy and (3) the Fraud and Piracy Policies.
17. D.A.I. Leisure Pursuits Limited Privacy Statement
Registration Data and certain other information about you is subject to our Privacy Statement. For some information, please see our full Privacy Policy.