This will tell you about our legal terms and conditions relating to the products and services we provide at Dare Bear. Please read these Terms and Conditions carefully so that you understand them before purchasing any products from us online. If you refuse to accept these, I regret you will not be able to purchase any products and must not use any of the online shops provided.
Some of our Products contain content of an adult nature, which is intended to be humorous only and is not intended to be offensive to you or any third party. It is your responsibility to make sure that any products purchased through Dare Bear do not cause offence to any third party; including without limitation any intended end recipient of the Products we sell.
Please see clause 14.8 below for any more information about the use of the product(s) we sell.
A printed copy of these Terms is highly recommended as we amend these Terms from time to time. When ordering products at separate occasions be sure to check the Terms each time. These terms were updated 24th January 2019. I regret that these Terms are in the English language only.
- ABOUT US
- We operate any of the online shops. Our company is
Dare Bear. Our office and address isat Dare Bear Cave, Cromwell Road, PR1 9AT.
- We operate any of the online shops. Our company is
- OUR PRODUCTS
- Images shown on any of the online shops are for illustrative purposes only and
unfortunatelywe cannot guarantee that the computers displaywill accurately reflect the coloursof the Products as the colourscan vary slightly.
- We try to ensure that each product is shown accurately on the site. Occasionally there might be variations in price,
colour, typefaces, layout andpackaging from the images shown on the online shops.
- If you would like us to
personaliseyour product, please contact on our email at email@example.com. When ordering any personalized product from us please make sure that all the material and details you provide to us are correct. We assume that any personalisationinformation you provide to us is deemed ‘Personalised Content’ unless you notify us otherwise in accordance with condition 2.4 below.
- It is your responsibility to ensure that any and all Personalised content from you or on your behalf is correct. If there is an error in the details you provided you must notify us immediately and in any event within 24 hours of purchasing any products from us.
- By providing any Personalised Content to us you:
- Images shown on any of the online shops are for illustrative purposes only and
- Confirm you have the right to use and grand the right to use the content provided and shall not infringe the copyright or any other intellectual property rights of any third parties
- Confirm the Personalised Content :
- does not breach any law, rule or regulation and does not advocate, promote or assist any unlawful act;
- is not [misleading], [pornographic], [false], [offensive], [obscene],
[discriminatory], [threatening], [abusive] or [defamatory]; does not contain any informa5on or other material which personally iden5fies another person, such as phone numbers, without such individual’s prior written consent; (iv) may [harass], [embarrass]
- , [alarm] or [upset] any person; and
- You hereby grant us a non-‐exclusive, sub-‐licensable license in perpetuity to use, reproduce, adapt, distribute and communicate the Personalised Content (or any part thereof) for the purpose of crea5ng the Product and for any other purpose.
- YOUR PERSONAL INFORMATION
We only use your personal information in accordance with the privacy policies of the separate online shops we use. Please take time to read these important terms.
- Our online shops are 18 + and contain adult content and you must only purchase from these shops if you are at least 18 years old.
- Some products on the online shops can only be purchased if you satisfy the age requirements. We are not by law allowed to supply these products to you if you do not meet the age requirements. If you are underage, do not attempt to purchase these products.
CONTRACT BETWEEN YOU AND ME
- The online shopping pages will separately guide you through any steps you need to place an order with us. We are not responsible for any errors through each separate shop. Please check any errors before submitting orders to us and read and check everything, especially the delivery address.
- After you place an order you should receive an email receipt from us. If you are using PayPal you should receive an email receipt from them acknowledging we have received the order. This is deemed confirmation of your order purchase and amount.
- The placing of products on any online shop provided is an invitation and we are under no obligation to accept your order, whether or not the order has been confirmed and the credit card has been charged. If we do not accept you’re order you will receive a full refund after purchasing.
- In the instance that we cannot supply you with a product, for example if a product isn’t in stock or not available because of an error on any online shop, you will receive a full refund including any delivery costs and we will not process your order. We will inform you with this by email.
RIGHT TO VARY OUR TERMS
- We often amend these Terms, please look at the top of the Terms to see when they were last updated, these terms will apply to the contract between you and us.
RIGHT OF RETURNS AND REFUNDS
- You have a legal right to cancel a contract during the period set out below
- This means during this period if you change your mind or do not want to receive or keep the purchased product you have a right to cancel the contract and receive a full refund. The cancellation right does not apply to the following:
- Any personalized or bespoke product at your request
- Any products that have been used, written on or marked in any way
Subject to clause 7.8 your legal right to cancel a contract starts from the date of the order confirmation to 24 hours after, depending on what you have ordered and how it is delivered
- If you want to cancel the contract, let us know
via email at firstname.lastname@example.org.
Please include details of your purchase to help us identify the order.
- If you cancel your Contract we will:
- Refund the price you paid for the particular product if you cancel within 14 days of when you ordered the product.
- Refund any delivery costs you have paid. If you have opted for a more expensive delivery cost, we will only refund the standard (3-5 working days) delivery price.
- Refund any amounts to you as soon as possible.
This will be 14 days after we receive the returned product to us or have been
shown evidence of the product being sent back to us. Or if you have not
received the product within 14 days of the order confirmation you will receive
a full refund.
- If the product is faulty or materially mis-described and you have returned it to us please notify us within 3 days of delivery, providing reasonable evidence of the damage, defect or mis-description. When we request and at our expense, returning the product to us you shall receive a full refund with any applicable delivery charges and any costs you incur in returning the item to us.
- You will be refunded on the credit or debit card you used to pay.
- If a product has been delivered to us before you decide to cancel your contract then you must:
- Return it to us without delay and within 14 days. You must let us know you wish to cancel the contract and give information to help us find your order.
- All products must be returned in original packaging and in the same condition you received them at first.
- Unless the product is faulty you will be responsible for the cost of returning the product to us.
- Be aware you are not entitled to cancel the contract where you or a third part has used or marked the product in any way.
- Be aware you are not entitled to cancel any personalized products made bespoke for you unless the product is damaged or defected.
- The estimated delivery time is 3-5 working days after the date of the Order Acceptance. The dispatch date is the day we send the item and not the day it will be delivered. We cannot guarantee delivery dates or times as this is beyond our control.
- Your order will be delivered by Royal Mail. If nobody is in at your address to take the delivery, a note will be left by Royal Mail that the products have returned to us, in which case, please contact us to rearrange the delivery.
- Delivery of an order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
- You own the product(s) once we have received your payment in full, including all delivery charges.
- If we miss the 5 day delivery estimate for any products you may cancel the order if we have refused to deliver the product or you have told us before we accepted your order that delivery within the deadline was important. We will cover the costs of returning the item in this case. After we have accepted your order the return delivery costs are your responsibility.
- If you don’t want to cancel your order straight away or so not have the right to do so under any of the above clauses you can give us another reasonable deadline for delivery and you can cancel the order if we don’t meet this deadline.
- If a product is unavailable we may substitute it with another product unless you request us not to do so.
DO NOT DELIVER INTERNATIONALLY
- We do not deliver to addresses outside of the United Kingdom. You can place an order from outside the UK but it must be for delivery to an address in the UK.
PRICES AND DELIVERY COSTS
- Any prices of products will be as quoted on any of the online shops, we take time to ensure that the products have the correct prices and information on the system.
- Pricing of products can vary but changes to any order you have placed will not be affected.
- The Price of the products include VAT (where applicable) at the current rate chargeable in the UK at that time. If the VAT changed between the date of your order and delivery, we will change the VAT you pay unless you have already paid for the Products in full before the VAT changes.
- The prices of products can include but also not include delivery charges depending on the online shop, these are advised in the checkout process before the order is confirmed in each separate online shop.
- As we sell a large amount of products, it is possible that some of the products can be incorrectly price. If there is an error we will contact you via email and we will give you an option to either cancel the order or continue using the correct price. We will not process any order until we have got the relevant instructions from you. If we do not hear back from you then we will contact you to inform you of this error in email. If the pricing error is obvious and the product(s) have not been posted we may cancel the order and return the full amount you paid for the item.
- HOW TO PAY
10.1 Each online shops payment options will vary, you can view these before you check out and complete your order. Most will use most well-known credit or debit cards and PayPal. View these in each separate online shop before you complete your order.
10.1 All payments must be made in advance, including delivery charges, which will be charged to your debit or credit card before your order is dispatched.
- Some of the online shops we use to sell our products include Etsy, eBay and we sell on many more of these shops. If you occur any problems with these sites they are your responsibility and we will not be held responsible for any of these problems as they are beyond our control. If you do occur any problems at any given time email us at email@example.com and we will do our best to work with you to resolve any of these problems.
- Our website could include third party links that aren’t controlled by us. They are controlled by **Ecommerce***** and we do not accept any responsibility in any respect as such. We will not be held warranty for any loss or damage arising from their use. You agree and acknowledge that we are not responsible for any content or availability of these sites and they have their separate Terms.
- All copyright, database rights, trademarks and all other intellectual property rights in the products are owned by us and our web builders and licensor’s. No permission is given by us for anyone or any third party to use any of the property or products of ours, the web builders or licensor’s which each have their own Terms.
- You use the site at your own risk and we are not responsible for any loss or damage arising from this.
- No warranty is given to ensure the accuracy and completeness is provided on this site. No further warranty is available on an uninterrupted basis and no liability can be accepted in any losses or damages arising from this.
- Access to this site and any online shop is at your own risk. We do not warrant or take any responsibility of any material downloaded from them causing any damage to property, loss of date or computer virus infection. No liability can be accepted in respect of losses or damages arising from any functionality of the sites.
- Any cause of action including action for negligence arising of or in connection with any products supplied by us will be limited including repairing the defective product, replacing the defective product or refunding the amount paid for the product.
- Our liability in respect of any action on or in connection with any product will not exceed the amount paid or payable for the relevant product. If the breach doesn’t relate to the product purchased out liability is fully excluded to the fullest extent permitted by any laws.
- We are not liable to you for any profit, business or depletion of goodwill or any similar losses including anticipated revenue, savings, contract, use, special, consequential, indirect, pure economic loss, costs, damages, charges or expenses.
stated otherwise in these Terms and Conditions we do not exclude liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the terms implied by section 13 of the Sale of Goods Act 1979 including title and quiet possession;
- any breach of the terms implied by section 14 to 16 of the Sale of Goods Act 1979 including description, satisfactory quality, fitness for purpose and samples; and
- defective products under the Consumer Protection Act 1987.
- Unless stated in these Terms and Conditions any other warranties shall be excluded to the fullest extent permitted by law.
- We supply the products for domestic and private se only and by purchasing our products you are agreeing not to use the product for any commercial, business or resale purposes and we accept no liability to you for any loss of profit, business, interruption or opportunity. If you would like to be an authorized reseller of our products you should email us at firstname.lastname@example.org.
- Some of our products contain content of an adult nature. The products are intended to be humorous only and are not intended to be offensive to you or any third party and you understand and agree that we do not accept any liability for this. We do not accept any responsibility for how you and any third party use the product in any way that would offend any third party or could be considered abusive, defamatory or threatening.
OUTSIDE OUR CONTROL
- Any failure to perform or delay in performance of our obligations under a contract is caused by events outside out control and we will not be liable for this.
- If any of these events out of our control affect the performance of the obligations in our contract we will notify you as soon as possible and our obligations in our contract will be suspended for the duration of the event. If it affects our delivery then we will arrange another suitable delivery date once the event is over.
- You can cancel a contract affecting events outside our control that has continues for more than 30 days. Please email us at email@example.com to cancel. You will have to return the product to us, at our cost and we will refund the full amount including any return charges.
- OTHER IMPORTANT TERMS
- We may transfer our terms and rights under a contract to another organization, but this will not affect your rights or obligations under these terms.
- You can only share the rights or obligations in these Terms to another person if we agree via email.
- The contract between us and you is confidential and no other person has the right to enforce any of
it’sterms under any contract including Rights of Third Parties act 1999 or any other.
- Each paragraph in these terms are separate and if any court or authority decides any of them are unlawful or unenforceable, the rest of the paragraphs are still in effect.
- If we do not respond to any of your obligations under these Terms or if we do not or delay enforcing any of our rights against you, this doesn’t mean you have the right to not comply with any of the rights and obligations. Any defaults by you we will make via email and this doesn’t mean that you can waive any other separate paragraphs in these terms.
- These Terms are governed by English law which includes the contract for the purchase of products or any connection through us. The courts of England and Wales will have nonexclusive jurisdiction and you and me both agree to this. Residents of Northern Ireland and Scotland both separately bring proceedings in their countries.
- CONTACT DARE BEAR
- Please contact firstname.lastname@example.org if you have any concerns regarding any materials from any of the online shops stated or the Dare Bear website.