TERMS & CONDITIONS

Terms & Conditions

January 2021

Welcome to our website, www.davidofflondon.com (the “Website”). The Website is owned and provided by Exiga (UK) Limited (“The Company”, “us”, “we” or “our”). “You” and “your” means you as the user of our Website.

Exiga (UK) Limited is registered in England and Wales with Company Number 01447643. Our registered office and main trading address is at 35 St James’s Street, London SW1A 1HD, United Kingdom. Our VAT number is 340 1071 17.

 

1. Introduction

These terms and conditions govern your use of our website. Collectively these documents are termed as the “Terms”.

• These Terms will apply to any contract between us for the sale of Products to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site.
• You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
• By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
• If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions. If you refuse to accept these Terms, you will not be able to order any Products from our site.
• Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.
• We amend these Terms from time to time. Please check these Terms to ensure you understand the terms which will apply at that time.

 

2.    CONTACTING US

2.1. If you wish to cancel any contract or to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at +44 20 7930-3079 or by e-mailing us at info@davidofflondon.co.uk

2.2. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

3.    USE OF THIS WEBSITE

3.1. These Terms set out how you may use our Website. By accessing the Website, you agree to these Terms.

3.2. If you do not agree to these Terms, you should not use the Website. You should read all the Terms prior to using the Website. You should also save and/or print out a copy of these Terms for future reference.

4.    MINIMUM AGE

• You may only use our Website and/ or purchase Products from our Website if you are the greater of 18 years old or the then relevant minimum age for purchasing tobacco products in the UK.
• We may ask for proof of your age in connection with any purchase you make from us.

5.    ACCESSING OUR WEBSITE

• Use of this Website constitutes your acknowledgement and acceptance of these Terms from the date on which you first use the Website.
• You are granted a temporary, personal, revocable, non-exclusive, non-transferable right to access and use the Website, for non-commercial use only, in accordance with these Terms.
• By accessing, using, downloading materials from and/or uploading materials to this Website, you agree on your own behalf and on behalf of each entity and person on whose behalf you act to abide by these Terms of Use.
• If these Terms of Use are not accepted in full, you do not have permission to access the contents of this Website and therefore must not access or use and must cease to use this Website immediately.
• We reserves the right to change these Terms of Use at any time by posting changes online and it is your responsibility to refer to and comply with these Terms or Use on accessing the Website.
• Your continued use of this Website after changes are posted constitutes your acceptance of these Terms of Use as modified. If there is any conflict between these Terms of Use and rules and/or specific terms of use appearing on this Website relating to specific material then the latter shall prevail.
• We reserve the right to withdraw, vary or suspend the service at any time without notice.
• You are responsible for making all arrangements necessary to access this Website. You are also responsible for ensuring that all persons accessing our Website through your internet connection are aware of these Terms.

 

6.    RELIANCE ON INFORMATION POSTED

6.1. Materials posted on our Website are not intended as advice and should not be relied upon as such. We therefore disclaim all liability and responsibility arising from any reliance placed on such information to the fullest extent permissible by English law.

6.2. Whilst “we”, the owner, endeavour to publish up-to-date information on the Website, the information may nevertheless become out of date over time. To the extent permitted by all relevant laws, no liability is accepted by us or any of our affiliates for any inaccuracy or incompleteness of this Website or for the failure to update the information contained on this Website.

 

7. REGISTRATION AND SECURITY

 

• Should we choose to provide member-based services (“Services”) on the Website, when you register to use these Services, you may be required to provide certain personally identifiable information about yourself. You agree to provide true, accurate and complete information about yourself, and to update your information when it changes.
• If you provide any information that is untrue or inaccurate, not current, or incomplete, or if we suspect that your information is untrue, inaccurate, or incomplete, then we may, in its sole discretion, suspend, terminate, or refuse future access to your membership in these Services.
• Any personally identifiable information provided at points of registration on the Website will be subject to the Privacy Policy.
• Upon any registration on our Website, you are responsible for maintaining the confidentiality of your username and password and are responsible for all activities that are carried out under them.
• We do not have the means to check the identities of people using the Website and will not be liable where your username or password is used by someone else.
• You agree to notify us immediately by email to info@davidofflondon.co.uk if you are aware of your account with us being compromised in any way.

 

 

8. INTELLECTUAL PROPERTY

 

• You may access, view and print out one copy of this Website and all information, images, and other content displayed on the Website (“Materials“) strictly in accordance with these Terms.
• You may only view, print out, use, quote from and cite the Website and the Materials for your own personal, non-commercial use and on the condition that you give appropriate acknowledgement where appropriate to us.
• Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any licence or right under or in respect of any intellectual property rights belonging to us, our associated companies or any other third party.
• All intellectual property rights in and to the Website and the Materials are either owned by or licensed to us and your use of the Website and Materials is subject to the following restrictions.
• You must not:
  • remove any copyright or other proprietary notices contained in the Materials;
  • use any Materials from the Website in any manner that may infringe any copyright, intellectual property right or proprietary right of us or any third parties; or
  • reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or exploit this Website and/or the Materials for any commercial purpose, without our prior written consent.

 

 

9. TRADE MARKS

 

• We expressly and without limitation reserve all rights in and to the davidofflondon.comdomain name and all related domains and sub-domains, the name “Exiga UK Ltd” our logo, service marks, trading names and/or trade marks.
• Other trade marks, products and company names mentioned on the Website may be trademarks of their respective owners or licensors and the rights in such marks are reserved to their respective owners or licensors.

 

10. ACCEPTABLE USE

 

• You may use our Website only for lawful purposes and we reserve the right, in our sole discretion, to terminate your use of the Website. You may not use our Website:

 

• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

 

11. LINKING TO OUR WEBSITE

 

• You may to any page of the Website provided that you do so in a way that is fair and legal and which does not damage our reputation or take advantage of it. For the avoidance of doubt, the linking site must not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.
• You must not link to our Website in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not remove or obscure by framing or otherwise, advertisements, any copyright notice, or other information published on the Website. Our Website must not be framed on any other site.
• If you wish to make any use of Material on our Website other than that set out above, please contact:  info@davidofflondon.co.uk

 

 

12. THIRD PARTY WEBSITES

 

• Our Website and/or the Materials may contain links to third party websites. If you decide to visit any third party site, you do so at your own risk. We are not responsible for the content, accuracy or opinions expressed in such websites. Links do not imply that we are, or our Website is, affiliated to or associated with such sites.
• Please remember that when you use a link to go from our Website to another website, these Terms including our Privacy & Cookies Policy is no longer in effect. Your browsing and interaction on any other website, including websites which are linked to ours is subject to that website’s own rules and policies. Please read those rules and policies before proceeding.

 

13. INDEMNITY

 

• You agree to compensate us and our respective directors, officers, employees, and applicable third parties in full from and against all third party claims, liabilities, losses and expenses (including reasonable legal fees) suffered by such persons arising out of, or related to or which may arise from any breach by you of any term of these Terms.

 

14. SERVICED COUNTRIES

 

• This website is provided for users in the United Kingdom only. Whilst access may be possible from outside the UK, users from outside the UK access the website at their own risk.

 

15. DISCLAIMER

 

• While we endeavour to ensure that the information and other materials created by us and included on this Website are correct, such information and other materials may contain, inter alia, inaccuracies and typographical errors.
• We do not warrant the accuracy or completeness of any information or materials on this Website or the reliability of any statement or other information displayed or distributed through the Website (including, without limitation, the availability of a particular programme and/or the information provided by third parties through the use of the Website).
• You acknowledge that any reliance on any such statement or information shall be at your sole risk. We reserve the right, in its sole discretion, to edit at any time any part of the Website and to make changes to the Website and to any events materials, products, programmes, programs, services or prices described in the Website at any time without notice.

 

16. EXCLUSION AND LIMITATION OF LIABILITY

 

• Any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our associated companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort including without limitation negligence, contract or otherwise) in connection with

(i) this Website in any way; or

(ii) the materials on or removed from this Website;

(iii) the use, inability to use or the results of use of this Website;

(iv) any websites linked to this Website.

• Nothing in these Terms shall exclude or limit our liability for:

(i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or

(ii) fraud; or

(iii) misrepresentation as to a fundamental matter; or

(iv) any liability, which cannot be excluded or limited under applicable law.

TERMS RELATING TO PURCHASES

17. IF YOU ARE A BUSINESS CUSTOMER

17.1.      These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

17.2.      You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.

17.3.      You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.

17.4.      If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.

18. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

18.1.      Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

18.2.      After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted.

18.3.      We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.

18.4.      If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.

 

19. YOUR RESPONSIBILITIES AND INDEMNITY

 

• By transmitting, posting on or submitting via this Website any materials you:

(i) warrant that you are over 18;

(ii) warrant all information provided by you to us is true, accurate and up to date in all respects;

(iii) warrant your contribution is your own original work and you have the right to submit it and assign to us all rights in it and it will not infringe the rights of any third party or breach any laws; and

(iv) irrevocably waive any moral rights in your submission.

• You hereby agree to indemnify and keep us indemnified and any of our associated companies and licensees from and against all claims, damages, expenses, costs and liabilities arising in any manner from your breach of any of these Terms.

 

20. OUR RIGHT TO VARY THESE TERMS

 

• We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated.
• Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
• If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes.
• You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.

 

 

21. RETURNS AND REFUNDS

21.1.      If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below.

21.2.      This cancellation right does not apply in the case of:

(a)        any Products which you have unsealed after delivery and are not suitable for return due to health protection or hygiene reasons if unsealed; or

(b)        the goods were a special order to your specification

21.3.      Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract is 14 days after the day on which you receive the last Product ordered under the Contract.

Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.

21.4.      To cancel a Contract, email us at: sales@davidofflondon.co.uk

21.5.      If you use this method we will e-mail you to confirm we have received your cancellation.

21.6.      Alternatively you can contact our Customer Services team by telephone on +44 20 7930-3079 or by post to Davidoff of London, 35 St. James’s Street, London SW1A 1HD.

21.7.      If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.

For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.

21.8.              If you cancel your Contract we will:

21.8.1.      refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop and solely in our opinion. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

21.8.2.      refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within [3-5] days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

21.8.3.      make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

(i)    if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us.

(ii)      if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.

21.9.      If you have returned the Products to us because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

21.10.   We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.

21.11.   If a Product has been delivered to you before you decide to cancel your Contract:

(a)        then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can either post it back or return it by hand to Davidoff of London, 35 St. James’s Street, London SW1A 1HD;

(b)        unless the Product is faulty or not as described, you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery.

21.12.   As you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

 

22. DELIVERY

22.1.      We will contact you with an estimated delivery date. Occasionally our delivery to you may be affected by an Event Outside Our Control and we will notify you when this happens and use our best endeavours to rectify any situation where possible.

22.2.      Delivery of an Order shall be completed when we deliver the Products to the address you gave us or you or a carrier organised by you collect them from us and the Products will be your responsibility from that time.

22.3.      You own the Products once we have received payment in full, including all applicable delivery charges.

22.4.      If we miss the delivery deadline for any Products then you may cancel your Order within a reasonable time if any of the following apply:

(a)   we have refused to deliver the Products;

(b)    delivery within the delivery deadline was essential (taking into account all the relevant circumstances); and

(c)     you told us before we accepted your order that delivery within the delivery deadline was essential.

The following clause only applies if you are a consumer:

22.5.          If you do not wish to cancel your order straight away, or do not have the right to do so, you may give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.

22.6.          If you do choose to cancel your Order for late delivery you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.

 

23. INTERNATIONAL DELIVERY

23.1.          We cannot deliver tobacco products to international destinations.

24. PRICE OF PRODUCTS AND DELIVERY CHARGES

24.1.          The prices of the Products will be as quoted on our site at the time you submit your order.

24.2.          We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system.

24.3.          Prices for our Products may change from time to time, but changes will not affect any order you have already placed.

24.4.          The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

24.5.          The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.

24.6.          Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.

 

25. YOUR FEEDBACK / COMPLAINTS

 

• We welcome your questions and comments on our Terms, privacy matters and our Website. Should you have such questions or comments or have a complaint about how we are using your personal data, please send an e-mail to info@davidofflondon.co.uk

This e-mail address is being protected from spambots.

 

 

26. LAW AND JURISDICTION

 

• These Terms shall be governed by and construed in accordance with English law. Disputes shall be exclusively subject to the jurisdiction of the English courts.
• To the extent permitted in law, any cause of action you may have with respect to your use of this Website must be commenced within one (1) year after the claim or cause of action arises.
• If any of these Terms of should be determined to be illegal, invalid or otherwise unenforceable by reason of the law of any state or country in which these Terms are intended to be effective, then to the extent and within the jurisdiction in which that term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from that clause and the remaining Terms of Use shall survive and continue to be binding and enforceable.
• Exiga (UK) Limited neither warrants nor represents that materials on this Website will not infringe any third party rights. We make no representation that the materials in the Website are appropriate or available for use in other locations and other countries. If you choose to access the Website from other locations or other countries you do so at your own risk and choice and are responsible for compliance with local laws in that territory, if and to the extent that local laws are applicable.

 

All rights reserved ©

January 2020