Terms & Conditions
These terms and conditions explain your rights and obligations in relation to these websites (davidjameskerr.com), and if you continue to browse and purchase any goods through the site then you agree to comply with and be bound by the following terms and conditions of use.
davidjameskerr.com may change these Terms and Conditions when updating this page, and continued use of the site shall mean you are bound by the new terms.
You may have other rights granted by law and these Terms do not affect these.
If there is anything that you do not understand, then please don't hesitate to contact us.
• The term "davidjameskerr.com", or "us", or "we", refers to the owner of the websites, operated from 443 Newtownards Road, BT4 1AQ.
• The term “you” refers to the user or viewer of our website and also the buyer.
• The term “Days” refers to working days, being Monday to Friday inclusive, excluding bank holidays, unless otherwise stated.
Use of the Site
• The content of the pages on this website is for your general information and use only. It is subject to change without notice.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and products found or offered on this website for any particular purpose. You acknowledge that such information and products may contain inaccuracies or errors, and should be used as a guideline only. We expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Your use of any information or products on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, or information available through this website meet your specific requirements.
• The content and copyright in this site is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms and Conditions.
• All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
• Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.
• This website may include links to other website, and are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). You may not create a link to this website from another website or document without prior written consent from davidjameskerr.com
• Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.
Terms of Sale
• These terms of sale apply to all goods supplied by davidjameskerr.com. We retain the right to alter or modify these terms and conditions at any time without prior notification.
• The goods are subject to availability. If on receipt of your order, the goods you have ordered were shown in stock but are unavailable, then we will inform you as soon as possible and advise you of the earliest delivery date. You have the right of cancellation due to non availability. Should you wish to cancel your order at this point, you must immediately send an email to email@example.com stating your order acknowledgement number and that you wish to cancel your order. On receipt of your email, we will issue a full refund or re-credit to you for any sum that has been paid by you or debited from your credit card for the goods.
• If you exercise your right of cancellation after the goods have been dispatched, you will be responsible for returning the goods back to us at your own cost. In order to receive a refund, the goods must be returned in their original unworn condition with all packaging and tags etc. Intact, together with your receipt. We recommend that you retain all of the original packaging and tags until you are sure that you intend to keep the goods. (Please note that carriage costs will only be refunded if the item is faulty). Please look at our specific Delivery and Returns policy, which forms an additional part of these ‘Terms and Conditions’.
• We will refund or re-credit you within 30 days for the goods only, and not for the packing and shipping costs, only after davidjameskerr.com has received the cancelled items in good condition. Therefore, we recommend you take the necessary steps to ensure the goods do not get damaged in the meantime or in transit. If you do not return the goods as required, we may charge you a sum not exceeding the direct costs of recovering the goods.
• By submitting your order, you are offering to buy the goods and allowing us to use your personal details for the purpose of supplying the goods (including passing your details on to couriers and other subcontractors. We are not obliged to supply the goods to you until we have confirmed that we have accepted your order and received payment in full. You order will be deemed to have been accepted when we despatch to you the goods which form the subject matter of your order. We may at our total discretion reject your order.
• All displayed prices are based upon and originate in British Pounds Sterling, which may be displayed in other currencies for your convenience, and always include Value Added Tax. We reserve the right to adjust the VAT element if this changes from 20%. The cost of transporting goods (“Carriage & Insurance Costs”) are as set out within our Delivery policy and are based on the shipping location. These Carriage & Insurance Costs shall be added to the price to be paid by you.
• The description and price of the goods you order will be as at the time you place your order regardless of any further currency rate changes and regardless of when order payment is made.
• If you are a non United Kingdom customer, we are only able to refund the VAT amount if you are a VAT registered company in your country of registration. We will require this before we can refund the VAT back to your credit card.
• Prices do not include charges for delivery.
• We aim to deliver the goods to you within 3-5 working days, but in the unlikely event of non-delivery within 30 days of receiving your order, if not contacted we will inform you, then if you wish you may cancel the contract and we will refund any money paid by you.
• Every effort will be made to the deliver the goods as soon as possible after your order has been accepted. However, we will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery.
• Please see additional information contained within our Delivery policy which forms an additional part of these 'Terms and Conditions of Sale'.
NOTE: During busy sale periods please allow additional time for your items to be approved and dispatched.
Returns & Damages
• When your order arrives, you must check the goods for defects/damages or shortages. Claims for damages or shortages have to be made within 48 hours of receipt of your delivery. Claims for damages or shortages made after 48 hours of your delivery arriving will be refused. Time and date of delivery is recorded with our couriers. To make a claim for any damages or shortages, you must immediately send an email to: firstname.lastname@example.org stating your invoice number and the details of the damages or shortages.
• This warranty does not apply to defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party. Use otherwise than as recommended by us or the manufacturer, failure to follow the instructions (e.g. washing), or any alteration or repair carried out without the supplier’s approval.
• Please refer to our Returns policy for instructions on how to return an item.
Limitation of Liability
• All reasonable efforts have been made to try to ensure that the information contained on the site is correct and up to date. However, we cannot guarantee this is the case and we shall not be liable for inaccuracies or for your reliance on incorrect or out of date information. Whilst we will try to take all reasonable steps to protect your personal details, we cannot guarantee the security of any data you disclose online and will not be responsible for any breach of security unless this is due to our negligence. We do not have any liability to you arising out of your use or inability to use the site. We will not be liable to you for any unforeseeable losses.
• We will be excused performance of any of our obligations if caused by circumstances beyond our reasonable control or beyond the reasonable control of our suppliers, including without limit industrial disputes, war, flood, and changes in legislation. We do not limit our liability to you for death or personal injury caused by our negligence or for fraud.
• We shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions. Our liability to you shall not in any event include any losses or costs incurred by you, neither will we be responsible to you for any other loss which is not a foreseeable consequence of us being in breach of these Terms and Conditions or our legal duties.
• Goods are intended for use in the UK only and we cannot confirm that the goods comply with any laws, regulations or other standards applicable outside the UK.
• Except as set out above or as otherwise set out in this agreement, we disclaim all terms, conditions, representations, and warranties (whether express or implied) to the extent permissible by law.
Other Useful Information
• Any personal details you provide to us are kept and processed in accordance with our Privacy statement.
• We may not necessarily keep a copy of these Terms and Conditions and your order. We advise you to print a copy of them for your information in the future.
• If any section of the Terms are held by a Court or other competent authority to be unenforceable. Then that section shall be considered deleted and not apply but the rest of the Terms will.
• This agreement between us is personal to us, and no other person who is not party to these Terms shall be entitled to enforce any term of this agreement under the Contracts (Right of Third Parties) Act 1999 (or any analogous laws).
• The Terms are the entire terms and conditions between us in relation to your use of this site and any purchase made over the site and no other terms, conditions, or representations made by us and any of our employees or agents (unless made fraudulently) shall apply.
• The Terms shall be governed by English law and the courts of England and Wales shall have non-exclusive jurisdiction over any dispute. All dealings, correspondence and contact between us shall be made or conducted in the English language.
• We reserve the right to suspend, restrict, or terminate your use of this site at any time.
Head Office Address
David James Kerr, 443 Newtownards Road, Belfast, BT4 1AQ.
(Please do not send any junk mail to this address as it will only be disposed of) Telephone: +44 (0)2895 083362