Terms & Conditions

Introduction

This Website (www.dakoda.co.uk) (the ” Website“), is owned by and operated by or on behalf of Dakoda (“Dakoda”, ” we” or ” us“). If you have any questions regarding the Website or these terms and conditions, or in the unlikely event that you have any complaints about any products purchased by you from the Website, you can contact us here.

Promotional Offers

From time to time Dakoda run promotions and offers on selected products or lines, we refer to these collectively as our “Promotional Offers”. All qualifying Promotional Offers will be either automatically applied to your order at checkout stage, or you will have a specific promotional code to apply at this stage. All of our Promotional Offers are subject to the below terms and conditions:

  1. They are only valid on full-priced items and cannot be used on sale or promotional items which are already discounted unless otherwise stated;
  2. They cannot be used in conjunction with any other offer;
  3. They are valid for a limited period of time as specified in the marketing communication on the website, they cannot be used outside of that period;
  4. If an item is returned which brings the amount spent below any qualifying level, the offer value may be deducted from any refund; and;
  5. All orders are subject to stock availability and we reserve the right to withdraw, amend or extend offers at any time, without prior notice.

Customer Review Giveaways

We will conduct regular customer giveaways. These could be to new or existing customers through email marketing or our social media platforms. We carry out these to gain social media awareness for the Brand, to reward loyal customers and to gain reviews. These offers can be to a select customer, or through a competition where a winner will be chosen at random. If through a competition the rules and close date will be clearly displayed.

If you are chosen we will send out full instructions and our requests for product reviews. These will likely be through Google, Social Media or specific product pages and will likely be a mixture. We may also ask you to create an account and order a product through the website but you will be given a code so the item and shipping is free of charge.

Current Offers

FREE DELIVERY ON ORDERS OVER £50

Free standard delivery (normally £3.99) applies to orders to the UK mainland only. Offer applies when order value, net of discounts or promotions, equals £50 or more.

Shopping Codes

On occasions Dakoda will release Shopping Codes via email, social media or other marketing channels. The Shopping Codes enable a discount to be applied to your order as specified on the marketing communication. To apply the Shopping Code online enter it as requested during the Check Out process. The discount will then be applied to your order, subject to the terms and conditions below:

  1. Shopping Codes are only valid on full-priced items and cannot be used on sale or promotional items which are already discounted unless otherwise stated;
  2. Shopping Codes cannot be used in conjunction with any other offer;
  3. Shopping Codes are valid for a limited period of time as specified in the marketing communication, they cannot be used outside of that period;
  4. If an item is returned which brings the amount spent below any qualifying level, the offer value may be deducted from any refund;
  5. Shopping codes are for use by the intended recipient only and proof of entitlement may be requested;
  6. All orders are subject to acceptance and any improper use of shopping codes may result in the cancellation of your order;
  7. All orders are subject to stock availability and we reserve the right to withdraw, amend or extend offers at any time, without prior notice; and
  8. Specific offer terms and conditions are provided with each Shopping Code – for specific information relevant to that offer, please refer to marketing material on which it is featured.

Competitions

From time to time we will offer various competitions through our website and social media channels. This will be either a particular item giveaway or a gift card voucher to be used at www.dakoda.co.uk. Entrants are required to follow any instructions to enter and a winner will be drawn at random on the date specified. The prize winner will be notified within 5 days of competition expiry date. The prize is non–transferrable and there is no cash alternative available. Customer Information entered into any competition will be used for our reference only and will not be shared with any outside companies.

Use of Website

These terms and conditions together with our Privacy Policy or any other policy referred to in these terms and conditions (“Terms”) apply to your use of and access to the Website. These Terms will apply to any contract between us for the sale of any product including any order placed by you for any product over the Website.

Please read these Terms carefully and make sure that you understand them before ordering any product from our Website. You should save or print a copy of these Terms for future reference.

If you do not agree to these Terms, you must cease using and accessing this Website.

Terms may be changed and updated from time to time and any changes will be effective from the publication of the new terms on the Website. Every time you wish to order products, please check these Terms to ensure you understand the terms which will apply at that time.

Your use of our Website is governed by these Terms and our Privacy Policy or any other policy referred to in these terms and conditions. You agree that the information you provide when placing an order is true and accurate in all respects. We only use your personal information for the purposes detailed in our Privacy Policy (e.g. dealing with orders and accounts, processing payments). You will notify our customer service team of any changes to that information.

Whenever you make use of a feature that allows you to upload content to our Website, or to make contact with other users of our site, you must comply with these Terms and any applicable law.

Any content you upload to our Website will be considered non-confidential and non-proprietary. Dakoda have the right to use, copy, distribute, reproduce, exploit, modify, alter and/or disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Website constitutes a violation of their intellectual property rights or of their right to privacy.

We may deny you access to the Website at any time in its sole discretion when we believe that your use of the Website is in violation of any of these Terms, any law or the rights of any third party or was not respectful to others.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site and you hereby agree to be responsible Dakoda for and indemnify us and keep us indemnified against all costs, damages, expenses, losses and liabilities incurred and/or suffered by us as a result of any claim in respect of your use of the Website.

Placing an Order

By placing an order with us you agree to and accept these Terms. If you are unhappy with or unclear about any aspect of these terms, please contact one of our customer service advisors before placing an order with us by email at sales@dakoda.co.uk.

By placing an order via this Website you are making an offer to Dakoda to purchase the goods detailed in your order upon the terms described in your order.

Once you have placed an order for goods (and delivery, if applicable) we will send you confirmation that your order has been received but this is not a confirmation that your offer to purchase the goods (or for them to be delivered) has been accepted. A contract between you and Dakoda for the sale and delivery of our goods will only exist once an order has been accepted, processed and despatched to you. We will take payment from your credit/debit/PayPal account at the time you place your order. If this order cannot be fulfilled for whatever reason we will notify you and offer a solution/ full refund within 7 days. This does not affect your legal rights.

Prices and availability of goods are subject to change without notice.

Deliveries

Please note that a delivery charge will be added to your order value where appropriate.

All dates quoted for delivery are estimated delivery dates only and may be subject to change. We cannot accept liability for any loss or damage (whether direct or indirect) if delivery takes place at any time other than the estimated date for delivery.

Gift Cards

Dakoda gift cards and E-gift cards (“Gift Tender”) can be used or redeemed online (Subject to website terms and conditions).

Gift Tender may be exchanged for goods the price of which being equal to or lower than the balance or value of the Gift Tender. Gift Tender can be used as a complete or partial payment. If a purchase exceeds the redeemer’s Gift Tender balance or value, the remaining amount must be paid with another method of payment. If any item purchased with Gift Tender is subsequently exchanged for an item of a lower price or refunded, any money owing to you will be refunded via the form of Gift Tender originally used for such purchase. Gift Tender cannot be resold, transferred for value or exchanged for cash. No cash change will be given on purchases made using Gift Tender. Gift Tender cannot be used to purchase other Gift Tender. Gift Tender is not cheque guarantee, credit or charge cards.

Gift Tender cannot be returned or refunded, except in accordance with your legal rights.

Dakoda shall not be liable or responsible for lost, stolen, destroyed or damaged Gift Tender, or if Gift Tender is used without your permission. Dakoda is unable to replace Gift Tender if lost or stolen.

Dakoda shall not be liable for any failure to comply with its obligations where the failure is caused by something outside its reasonable control. Such circumstances shall include, but not be limited to, technical and computer faults, failures and malfunctions or any other circumstances amounting to force majeure. Dakoda reserves the right to refuse to accept any Gift Tender (and to take alternative forms of payment) which it deems to have been tampered with, defaced, modified, duplicated, damaged, or which otherwise is suspected to be affected from fraud.

By purchasing, using or accepting Gift Tender you confirm your acknowledgement and acceptance of these terms and conditions. Dakoda reserves the right to amend these terms and conditions from time to time, without notice and to take appropriate action, including the cancellation of Gift Tender, if, in its discretion, it deems such action necessary. This does not affect your legal rights. Dakoda is the sole issuer and obligator to you. Dakoda may assign its issuer duties without recourse.

The remainder of these Terms shall apply to all purchases of goods made using Gift Tender. To the extent that there is any conflict or inconsistency between the Terms and these Gift Tender Terms, these Gift Tender Terms shall take precedence prevailing over the provisions of the Terms.

E-Gift Cards

E-gift cards are available in denominations of £5, with a minimum value of £5 and a maximum value of £50, as applicable.

E-gift cards are valid for 12 months from date of last use whereby the remaining balance will be deducted, after such time the Gift Tender shall expire. Last use is when a E-gift card has been activated or redeemed.

There are no limitations on how many times a E-gift card can be used (until the balance is £0.00). If you do not spend the entire balance on a Gift Card, the remaining balance will be updated after each transaction and shown on your printed till receipt. E-gift card balance enquiries can be obtained via email.

The risk in any E-gift card shall pass to you upon Dakoda’s electronic transmission to you. The E-gift card remains the property of Dakoda, and may not be tampered or interfered with, without Dakoda’s consent.

E-gift cards will be dispatched by email to your designated email account you’ve provided to us, as soon as Dakoda is in receipt of cleared payment for the E-gift card.

Dakoda shall not be liable or responsible for E-gift cards that are unable to be delivered due to your error (for example, typing errors, misspelt or incorrect email addresses), spam filters, firewalls or mailbox restrictions.

Conformity of Goods

We take every care to ensure that the description and specification of our products are correct at the time of going to press. However, specifications and descriptions of products on this Website are not intended to be binding and are intended only to give a general description of the products. Furthermore, while the colour reproduction of the products is a close representation, we cannot accept any responsibility for any variation in colour caused by the browser software or computer system used to view the products.

Stock Availability

We endeavour to display all items currently available on our website, and aim to hold stock of all styles and sizes while a product is active. Occasionally, an item will be out of stock or due to a variety of specific colours/ sizes will be available upon special order. If an item is showing as out of stock please email us to see if/ when we expect to receive more stock, we can often then contact you when the item is back in stock. Some items are ordered in especially. If this is the case it will be clearly displayed in the product information and an estimated time for delivery given.

Your Right to Cancel

You have a legal right to change your mind and cancel your order within 14 days of receipt and receive a refund of all charges for the cancelled goods less the delivery charges. You will then need to return the item(s) either to us by post at your own cost and risk. For more information on how to change or cancel your order before dispatch, please see further the Delivery & Returns page.

General Terms and Conditions

Disclaimer and Limitations of Liability

Dakoda does not seek to exclude or limit liability for death or personal injury arising from its negligence or that of its members, agents, directors or employees or for any fraudulent misrepresentation. To the fullest extent permitted by law and save as provided above, neither Dakoda nor any associated company shall be liable to you by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, or in negligence (whether on the part of Dakoda or any of its members, agents, directors, employees or otherwise) for any indirect special or consequential loss or damage (including but not limited to loss of profit or loss of saving), costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the use of this website, the supply of the products or their use or resale by you.

The limitations of liability in these conditions shall apply equally for the benefit of Dakoda and any other associated company.

While Dakoda uses reasonable endeavours to ensure that the information on this Website is accurate and up to date, it does not give any warranty as to its accuracy or completeness and Dakoda will not be responsible for any errors or omissions or for the results arising from the use of such information. While we takes all reasonable steps to ensure a fast and reliable service, it does not guarantee that your use of this Website will be interruption or error free and will not be responsible for any disruption, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.

Further, Dakoda will not be responsible nor liable for your use of any other Websites which you may access via links within this Website. Dakoda does not control these Websites and is not responsible for their content. Any such links are provided merely as a service to users of this Website and their inclusion in this Website does not constitute an endorsement by or affiliation with Dakoda. The entire liability of Dakoda under or in connection with any contract for any products to which these conditions apply shall not exceed the price of the products, except as expressly provided in these conditions.

Dakoda will not be liable to you or be deemed to be in breach of these Terms or any other contract with you by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the products ordered by you if the delay or failure was due to any cause beyond its reasonable control.

No person who is not a party to these Terms shall have any right to enforce any term under the Contracts (Rights of Third Parties) Act 1999. Nothing in these conditions is intended nor shall affect any of your statutory rights that may not be legally excluded.

The contents of these pages (including pictures, designs, logos, photographs, text written and other materials) are the copyright of Dakoda or its content and technology providers or their respective owners. ALL RIGHTS RESERVED. The copying, modification, distribution, reproduction, or incorporation into any other work of part or all of the material available on this Website in any form is prohibited save that you may:

Copy, print (one copy only) or download extracts of the material on this Website for the sole purpose of using this Website in good faith for domestic purposes or placing an order with Dakoda; and copy, print (one copy only) or download the material on this Website for the purpose of sending to individual third parties for their personal information provided that you do seek no commercial advantage or benefit from so doing and you acknowledge us as the source of the material and that you inform the third party that these conditions apply to them and that they must comply with them.

Law and Territory

To the extent it is possible to exclude the application of other laws and regulations, these Terms and your use of our Website are governed by English law and you agree to submit to the non-exclusive jurisdiction of the English court. This does not affect your non-excludable statutory rights. This Website and our Terms have been designed for use within the United Kingdom and under UK law. Whilst we are happy to consider requests for products and enquiries from outside the United Kingdom, we give no warranty, express or implied, that the use of this Website or the placing of any order through this Website from outside the UK complies with any applicable non-UK laws or regulations. Accordingly, any products or promotions not permitted under your local law are not offered to you.

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