In these Terms and Conditions, the words and expressions below have the following meanings:
- ‘Conditions’ means these terms and conditions
- ‘Distance Communication’ means purchases made exclusively via telephone, fax, e-mail, mail order and/or on the Drake’s website
- ‘Product(s)’ means any Drake’s product(s)
- ‘we’, ‘us’, ‘our’ means Carrington Hull Associates trading as Drake’s Limited
- ‘you’, ‘your’ means the customer
This website found under the Drakes.com URL is operated by Carrington Hull Associates Ltd trading as Drake's. The references to "we" and "us" and "our" shall be deemed to be references to Carrington Hull Associates Ltd trading as Drake's, references to "you" and "our" to be references to a person placing an order via this website. If you have any questions regarding the website or these terms and conditions, you can contact us at:
Carrington Hull Associates
Trading as Drake's
Electra Business Park
160 Bidder Street
Tel: +44 (0) 20 7608 0321
Email: [email protected]
VAT no: 242 8011 93
Reg No: 01343414
Registered at: 89 New Bond Street, London, W1S 1DA
The Website is an official website of Drake’s Limited and the copyright and the database rights are owned by Drake’s Limited. The Website and all intellectual property rights (including but not limited to rights in the website as a database) in its text, design, graphics, and the selection, organisation and arrangement thereof, together with the Drake's trademark and all other trademarks, logos and trade names depicted on the Website belong to Drake’s Limited.
5. Order Acceptance
All orders placed by you are subject to our acceptance. We reserve the right at all times and at our sole discretion to refuse to accept an order for any reason and without liability to you.
Orders may only be placed by individual customers and corporations purchasing goods other than for resale. (Wholesale customers should contact us direct at the above address.)
After you have placed the order with us, we will send you an order acknowledgement by email with your order number and details of the product you have ordered. This email is only an acknowledgement of receipt and is not an acceptance of your order. The acceptance of your order and a contract of sale between us will not take place until you have been advised the said goods are available and these goods have been paid for in full including any applicable charges. No payment shall be considered to have been received until we have received payment in cleared funds.
6. Order Placement
You may browse our website without registering but when placing your first order you can choose to do so as a guest or by registering with us. If you decide to register you will need to complete certain fields on an order form. Your username will be the email address you give us. In doing so you give us a commitment that you are authorised to use the address in question. You will also be asked to input a password.
You should not disclose or transfer your password to any other person. You must notify us immediately if you become aware of any unauthorised use of your password. Without prejudice to our rights, we may suspend your access to the website without liability to you if in our reasonable opinion such action is necessary to safeguard the website.
Before you submit your order you will be given the opportunity to review your selection, check the total price of your order and correct any errors. Your order represents an offer by you to purchase products.
If products shown on our website are not available or are incorrectly priced or incorrectly described, we shall not be obliged to sell you such products.
We reserve the right to change at any time and without any previous notice the items offered on our website.
It is vitally important that you check carefully the quantity of goods that you order from us. We will deliver what you order. Whilst you have a right of cancellation you must pay for the delivery costs back to us.
You may also order from us by telephone. You can ring us on Monday to Friday from 9am to 5pm UK time, excluding bank and public holidays. If you provide us with an email address, we will follow the same procedures as for internet sales but if not we reserve the right to follow an alternative process, which you will be advised of when you call. In either case acceptance of your order and a contract of sale between us is not formed until payment in full has been received and cleared.
8. Descriptions & Product Information
We have made every effort to represent the colours of our products as accurately as possible. However due to differences in monitors we are unable to guarantee that the colour you will see on your monitor will reflect the true colour of the product. If you have any questions about the product you may of course contact us (see "contact us").
Drake's warrants that the goods that you buy will at the time of delivery to you correspond to the description given by Drake's. Except where you buy as a consumer (as defined in Section 12 Unfair Contract Terms Act 1977) all other warranties, conditions and terms relating to fitness for purpose, merchantability or condition of the goods, whether implied by statute or common law or otherwise are excluded. No statement description information warranty condition or recommendation contained in any catalogue list or similar shall be construed to enlarge, vary or override in any way the terms of this clause.
All prices on the website are quoted in pounds sterling (£). They include VAT @ 20% (payable if delivery is within the EU) but exclude delivery charges, which are detailed separately.
Please note that on all orders placed for delivery outside the UK it is the customer's responsibility to pay any subsequent import duties that may be applicable for deliveries within their own countries.
Drake’s uses a localised pricing update system. Localised pricing and conversions rates are updated every 24 hours. Payments will still be taken in pound sterling (£).
We may change the prices on the website at any time and without any notice.
We try to ensure that all prices given on the site are correct. However, mistakes can occur. If we have quoted an incorrect price on the site and if the correct price is lower than that quoted, we will automatically assume that you wish to continue with your order. However if the correct price is higher than that originally quoted, we will contact you to ask if you still want to order the goods.
10. Payment Terms
You confirm that you are authorised to use the credit card/debit card whose details you enter. All credit /debit cards are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order. Furthermore we will not be liable for any delay or non delivery. We are not obliged to inform you of the reason for the refusal. We have no responsibility for your bank or card issuer charging you as a result of our processing of your credit /debit card payment in accordance with your order.
11. Payment Methods
You may pay using, Visa, MasterCard, Switch, American Express and Paypal. You confirm that the credit, debit or store card 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 for any delay or non-delivery. All card payments are processed for you by our credit card acquirers for a 1.5% fee included in the cost of your purchase. The balance is paid to Drake’s Limited. The total amount you pay is the same regardless of the payment method.
Where there is a delay in the supply of goods you have ordered, we will advise you as soon as possible. If the goods cannot be delivered within 30 days of your order, we will notify you of this delay and you may either cancel your order or agree a further delivery time with us.
Please note, if you choose to use any onforwarding companies to complete your delivery (including but not limited to having your parcel delivered to a neighbour or left in a safe place), Drake's shall not be held liable for any items which are lost, damaged or delayed once the order has been delivered to the address as stated on your invoice.
13. Delivery Charges
Delivery charges will be added to your order.
14. Returns & Exchanges Policy
14 day returns guarantee. We hope you will be totally satisfied with anything you buy from our website. If, for any reason you are unhappy with your purchase, you can return it unworn and unused within 14 days of the date of arrival. The date the items were despatched to you by us will be detailed in the documentation with your order. All items which you wish to return must be returned in their original packaging or equivalent with their labels intact.
You may either exchange the item for something else, subject to stock availability or receive a full refund of the price paid.
The refund can only be made to the card used when paying for the order. We will email you as soon as possible once we have received the goods back from you. Please allow up to seven days for payment to be processed following our receipt of the goods whose value is being refunded. If you wish to exchange an item, you will have to pay any difference in cost of the item and any additional delivery cost.
15. Returns Procedure
Please wrap your parcel securely to avoid damage in transit back to us. Please note we cannot accept an item for refund if it has been damaged in transit to us. We recommend that you to obtain a proof of posting certificate if using the Post Office. Please clearly indicate goods are being either returned for refund or exchange.
Please follow the instructions on our returns page.
In any event damaged, worn or used items will not be refunded or exchanged.
16. Distance Selling Regulations
Under the Consumer Protection (Distance Selling) Regulations 2000 and 2005 you have a right to cancel orders for items purchased from our website within a statutory cooling -off period. This is normally 7 working days from the day after the date on which the item in question was delivered.
To cancel your order, please provide us with notice either by letter, fax or email, in each case within the statutory cooling off period and giving details of the items ordered and (where appropriate) their delivery date.
If you exercise your right to cancellation after the item has been delivered to you, please follow the instructions for returns above.
Please note you will be responsible for the costs of returning the items to us unless we delivered it in error.
17. Delivery, Title & Risk
Orders will be sent to the delivery address that you have submitted on your order form. We cannot be held responsible if that delivery address is incorrect. Please note that we cannot deliver to PO boxes. (There are some delivery restrictions on where we can deliver and these will be given to you on request.) Title of the products will be transferred to you on delivery.
Once a product has been received by you, all risk of damage to or loss of the product will pass to you.
18. Website Content
We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was uploaded onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy. Please note that in the event that an error is identified non-acceptance of an order by us may occur, subject to your statutory rights.
19. Linked Sites
Unless specifically provided, we make no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from us and that we have no control over the content or availability of that website. In addition, a link to any other site does not mean that we endorse or accept any responsibility for the content, or the use of, such a website and shall not be liable for any loss, damage or offence caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
20. Amendments to these Terms & Conditions
We reserve the right to amend these terms and conditions at any time. Any such amendments will take effect when posted on the Website and it is your responsibility to read the terms and conditions on each occasion you use the Website and your continued use of the Website shall signify your acceptance to be bound by the latest terms and conditions.
21. Trademarks, Copyright, intellectual Property
The Drake's trade mark remains the exclusive property of Carrington Hull Associates Limited trading as Drake's. The trademark is protected by International and UK Copyright and other Intellectual Property laws.
22. Privacy Statement
Drake's take the issue of the privacy and protection of your personal data very seriously. Drake's is committed to complying with all relevant Data Protection legislation. We use the Internet technology sometimes known as "cookies" to store the information that you give us. This helps us to understand the products you are interested in. We do not store credit/debit card details you give us other than in connection with the transaction you authorise. We will not disclose any of your personal information to anyone outside Drake's. We may from time to time contact you with regard to our products and services. You can at any time request that we make no further contact with you by emailing us at [email protected]
No form of communication over the Internet is totally secure. Drake's will always use reasonable endeavours to protect the personal information that you give us but we cannot guarantee security totally and in placing an order with us you are acknowledging that you are placing your personal information on the Internet at your own risk.
23. Intellectual Property
You recognise and agree that all copyright, database rights, trademarks and all other intellectual property rights in all material and/or content of this Website is owned by Drake's or our licensors and shall remain at all times vested in us or our licensors as expressly authorized by us or our licensors.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party without our written consent. We reserve the right to transfer, assign, novate or subcontract any of our rights or obligations under these terms and conditions or any related contract to any third party.
26. Liability & Warranties
Nothing in the terms and conditions in any way limits our liability for death or personal injury caused by our negligence or by fraud.
We shall not be liable for any economic losses (including without limitation loss of profits, revenue, business, contracts, management time, data or anticipated savings) nor for any loss of goodwill or reputation nor for any indirect loss whether arising in contract or tort (including negligence) or pre-contractual or other representations (except for fraudulent or negligent misrepresentation) or otherwise even if advised of the probability of such damage or where it was foreseeable. Except in the event of death or personal injury, in no event shall our liability under these terms and conditions exceed the amount paid or payable by you for the Products or Goods. This does not affect your statutory rights as a consumer, nor does it affect your rights of cancellation.
We shall take all reasonable precautions to keep the details of your order and payment secure, except where we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
27. Data Protection & Privacy
In addition to allowing us to check your creditworthiness and process your orders, the personal data you submit, and our records of your visits to the Site, will be used to monitor and improve our service to you, and for marketing purposes. We may send you, brochures, leaflets and catalogues displaying our products and services, and may telephone you in order to tell you of promotional offers, to discuss account details or for market research.
We will respect the privacy of your personal data, and will comply with all relevant and current data protection legislation. We will not disclose your personal data to anyone, unless required to do so by a court of competent jurisdiction.
If you wish to update or delete your personal information, or if you prefer that we do not email you to tell you of promotional offers. Please contact us.
To proceed with your order, we have to process and store your data, and provide your data to third parties who are directly involved with your order, e.g. our carriers. By placing an order with us, you agree to your data being processed by Drake's and its. If you do not wish to receive information about Drake's Products and services, or do not wish us to pass your information to carefully selected companies whose products we believe may be of interest to you please write to us at ADDRESS.
The purchase area of our site is fully secure. We utilise industry standard SSL technology (Secure Sockets Layer) to guarantee a safe and secure shopping environment. All sensitive information such as credit card details, names and addresses are encrypted. This means that information passed between your computer and our web site cannot be read even in the event it is intercepted by someone else.
*Please contact us.
28. Risk & Title
No order is binding on you or Drake's until we have accepted it. All title and ownership to the ordered Goods will pass to you from the moment they are dispatched by us to the postal service, or to our carriers, or on payment in full by you of the price of the Goods and any delivery charge (if applicable); and risk will pass on delivery.
29. Entire Agreement
You confirm that, in agreeing to accept these terms and conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these terms and conditions and you agree that you shall have no remedy in respect of any representation.
If any provision contained in these terms and conditions is considered by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other terms and conditions which shall remain in full force and effect.
A failure by us to exercise or enforce any right conferred upon us by these terms and conditions shall not be deemed to be a waiver of such right or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
32. Dealing as a Business
These terms and conditions only apply if you are dealing with us as a consumer. If you wish to trade with us in the course of your business, please refer to our trade terms and conditions stated on our trade application forms. Please contact Customer Services for further details.
The laws of England and Wales govern these Conditions and all disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.
34. Drake's Staff
Drake’s staff have a right to work in a non-threatening environment, we reserve the right to refuse any sale of Products, services or contact with any person who displays verbal, physical and/or threatening behaviour towards our staff.
35. Offers & Discounts
Drake's offers and discounts vary and do not have uniform conditions of use. Any codes offering discount will only be valid on full price sales excluding and not limited to sale and or other seasonal offers. For more information please contact the Drake's team.