Terms & Conditions

Welcome to the ducksback.co.uk website terms and conditions for use. These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this Website. Before you place an order, if you have any questions relating to these terms and conditions please contact us by e-mail: info@ducksback.co.uk

SUMMARY

1. Definitions
2. Product Details
3. Price of the Products
4. Enquiries
5. Order Acceptance and Payment
6. Our Right to Cancel
7. Delivery
8. Right of Cancellation
9. Warranties and Refunds
10. Returns Procedure
11. Use of Website
12. Liability
13. Notices, Enquiries and Complaints
14. Intellectual Property
15. General
16. Privacy policy

1. Definitions

1.1. In these terms and conditions (“the Terms”) unless the context otherwise requires, the following words and phrases shall have the following meanings:

“Customer Material” means any information provided by the customer to ducksback® including, but without limitation, your details, delivery details, requirements or any information provided with the order or correspondence to ducksback®.

“Enquiry” means any enquiry made of ducksback®;

“Force Majeure Event” includes any delay or failure to perform our obligations as set out in these Terms where such delay or failure to perform arises from circumstances beyond our reasonable control, including (without limitation) any Act of God, communications failure, death, destruction, fire, flood, strikes, riots, accident, disruption to energy supplies, civil commotion, acts of terrorism or war;

“Order Confirmation” an order confirmation from ducksback® to you confirming receipt of your payment and the acceptance of your order;

“Price” means a price issued by ducksback® to you in response to an Order Confirmation and/or an Enquiry;

“Product” means products available for sale on the Website;

“ducksback®”, “us” or “we” means ducksback® (Distributed by The Random Company UK Ltd.) Company No.: 05045773, VAT No.: 855 8757 65.

“Website” means the website for the sale of the Products at www.ducksback.co.uk;

“Writing” includes email, fax, or other comparable means of communication;

“you”, “your” or “customer” means the person, firm or company placing an order for Products with ducksback®.

2. Product Details

2.1. The Products displayed on this Website are not shown to actual size nor are their images binding as to detail. Some Products may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other Products may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item, and your attention is drawn to the Product details and content where given. If the Product you receive is materially different from the Product details specified you will be entitled to reject it without penalty.

2.2. All Products are subject to availability. In the unlikely event of a change in the specification or quality of the goods ordered we will offer you a substitute item of the same or better quality for the same price, which you shall be entitled to reject by returning the item within 7 days from the date the Product has been delivered to you.

3. Price of the Products

3.1. Subject to the provisions of clauses 3.4 and 3.5 the Price of the Products will be as stated on our Website at the time you submit your order.

3.2. Prices stated on the Website include VAT for the item(s) but not the cost of delivery and insurance during freight as that cost is dependent upon the value and weight of the item(s) purchased and so is advised in addition to the Prices stated.

3.3. All Products must be paid for in full before being dispatched.

3.4. The price of the products stated on our website may vary due to factors outside ducksback® control, or if there is a delay between the time of the order and you receiving your Order Confirmation. In these circumstances you will be entitled to cancel your order if the price increase is not acceptable to you.

3.5. Without prejudice to clauses 3.4 or 6.1.1, if we discover an error in the price of the Products offered we will contact you to resolve the situation.

4. Enquiries

4.1. By making an Enquiry you are under no obligation to purchase any Product but you agree to be bound by these Terms and our Privacy Policy.

5. Order Acceptance and Payment

5.1. Before your order can be accepted, we must receive in cleared funds, or confirmation of authorisation of payment (where a credit card is used) the purchase price specified in full (without any deduction).

5.2. When we receive your order we will send you an acknowledgement of its receipt. Once payment has been received by us in accordance with clause 5.1 we will confirm that your order has been accepted by sending an Order Confirmation to you at the e-mail address you provide. When we send you this Order Confirmation a legally binding contract exists between us.

5.3. You must pay for the Products you order by using any method currently specified on the Website, which may include without limitation;

5.4. In the event that payment for an order is not received; or you are not fully entitled to use your nominated credit, debit or charge card; or such card has insufficient funds to cover the price of the Products then:

5.4.1. ducksback® may contact you allowing you to make payment in full within a specified time period by the same or another means; or

5.4.2. ducksback® may at its sole discretion cancel your order in which case ducksback® shall return any monies received from you within 30 days of receipt of such monies to your nominated account and ducksback® shall be entitled to deduct an administration fee to cover any expenses incurred by ducksback® in doing so;

5.4.3. you agree that in any event that ducksback® shall have no liability to you for any loss, damage, costs, expenses or other claims that you may incur.

5.6. You agree to indemnify ducksback® in full against all costs and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs.

6. Our Right to Cancel

6.1. We reserve the right to cancel your order if:

6.1.1. after receiving your order and before we send you your Order Confirmation, we become aware of a pricing error in respect of the Product you have ordered, we reserve the right to withdraw the Product from sale and inform you accordingly; or

6.1.2. a Force Majeure Event occurs.

6.2. If we do cancel your order we will notify you by e-mail and will offer an alternative replacement Product or refund to you any amounts paid to us as soon as possible and in any event within 30 days of your order.

6.3. We shall not be liable to you for any loss, damage, costs expenses or claims that you may incur, for orders cancelled by us before we send your Order Confirmation.

6.4. This clause 6 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.

7. Delivery

7.1. We reserve the right to charge for and fulfill partial orders where the Order Confirmation consists of multiple items.

7.2. Delivery will be made to the address specified in the Order Confirmation.

7.3. You will become the owner of the Products you have ordered when they have been delivered to you. Once the Products have been delivered to you they will be held at your own risk and we shall not be liable for their loss or destruction.

8. Right of Cancellation

8.1. You will be entitled to cancel your order by written notice to us by following the procedure in clause 10. You do not need to give us any reason for canceling your order nor will you have to pay any penalty. This policy is in accordance with the Consumer Protection (Distance Selling) Regulations 2000.

9. Warranties and Refunds

9.1. Subject to the following provisions of this clause 9.1, we warrant that the Products will be of satisfactory quality. The aforementioned warranty is given by ducksback® subject to the following condition save that it is acknowledged that your statutory rights are not affected:

9.1.1. ducksback® shall be under no liability to the customer for any loss, damage, costs, expenses or other claims in respect of: (a) any defect arising from wilful damage, negligence, failure to follow instructions for the use of the Products (whether oral or in writing); (b) misuse or alteration of the Products without our approval; (c) arising from any Customer Material supplied by you which is incomplete, inaccurate, illegible, out of sequence or in the wrong form, or any other fault of the Customer.

9.2. ducksback® products should meet or exceed your expectations. However, in the event that you are dissatisfied with your order, the Products delivered to you are incomplete or you have received incorrect Products, we shall have no liability to you unless you notify ducksback® of the problem AS SOON AS IS REASONABLY POSSIBLE of the Products in question. For the purposes of efficiency we advise you to contact our customer services via email: therandomco@gmail.com.

9.3. If you notify a problem to us under clause 9.2 or we have committed a breach of the warranty at clause 9.1 our only obligation will be (to be determined at your option and subject always to your statutory rights):

9.3.1. We may offer you an alternate Product free of charge within 60 days of notification provided that that the original Product is returned to us in accordance with clause 10; or

9.3.2. We will arrange with you for the Products to be returned to us in accordance with clause 10, and we shall refund the price paid.

10. Returns Procedure

10.1. If you exercise the right to cancel under clause 8.1 or a right to return the Product(s) in accordance with clause 9.3, in order to make the returns procedure as efficient as possible we advise you to follow the following procedure:

10.1.1. secure the Product(s) and all of the original packing materials, packing slip, in suitable packaging material to protect the product.

10.1.2. clearly print your name and address on the outside of the package in the senders details area and mail the package to:

The Random Company UK Ltd

Unit 4A

Cradley Enterprise Centre 2

Maypole Fields

Halesowen

B63 2QB

10.1.4. For your protection, we advise you to use a postage service that can track the package. For the avoidance of doubt ducksback® shall not be responsible for items lost or damaged whilst in transit.

Conditions of Return

10.1.5. Returns are simple, but are subject to certain rules:

(a) you shall be liable for the cost incurred in returning Products to us and we shall not be obliged to accept any Product returned if such costs have not been paid in full;

(b) each item must be returned in the same condition as it was sent, unworn and undamaged. Damaged goods due to your negligence will not be accepted for refund;

10.2 Subject to the conditions in clause 10.1 ducksback® will refund the full cost of the item. Refunds will be made in the same form as the original purchase.

10.3 All requests will be processed after we have inspected and verified the condition of the Products. Returns take approximately five business days to process upon receipt of the item.

11. Use of the Website

11.1. You agree to use the Website only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Website. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Website.

11.2. Where ducksback® provides any information in relation to the Products supplied to it by a third party, ducksback® does not give any warranty, guarantee as to its accuracy or otherwise and shall have no liability to the Customer for any losses arising as a result thereof.

11.3. ducksback® does not warrant that functions contained in the Website content will be uninterrupted or error free, that defects will be corrected, or that ducksback® or the server that makes it available are free of viruses or bugs. We shall have no liability for any direct, indirect, special or consequential loss arising out of the use of or the inability to use this Website including (without limitation) reliance on any information or content of the website or which results from mistakes, omissions, interruptions, deletions of files or emails, defects, viruses or delays in operation or transmission.

11.4. The information on the Website may contain technical inaccuracies or typographical errors and may be changed or updated without notice. ducksback® may also make improvements and/or changes to the Website at any time without notice.

11.5. Any information we receive from you will be dealt with in accordance with our Privacy Policy.

11.6. Certain links in this Website connect to other websites maintained by third parties over whom we have no control. We make no representations as to the accuracy or any other aspect of information contained in other websites.

12. Liability

12.1. Nothing in these Terms will limit our liability for death or personal injury resulting from our negligence or that of our employees or agents. If you are a consumer (within the meaning of the Unfair Contract Terms Act 1977) the content of these Terms will not affect your statutory rights. If you are not a consumer then subject as provided in clause 9.1, all other warranties, conditions or other terms, whether implied by statute common law or otherwise, are excluded to the fullest extent permitted by law.

12.2. Where ducksback® provides any information in relation to the Products supplied to it by a third party, ducksback® does not give any warranty, guarantee as to its accuracy or otherwise and shall have no liability to the Customer for any losses arising as a result thereof.

12.3. In the event that we are unable or fail to deliver the Products ordered within any time period specified, we will use reasonable endeavours to contact you in order to re-schedule the delivery time.

12.4. We will not be in breach of contract as a result of any Force Majeure Event.

12.5. IN ANY EVENT, THE LIABILITY OF ducksback® FOR ANY BREACH OR THE AGGREGATE LIABILITY FOR ANY SERIES OF BREACHES UNDER OR IN CONNECTION WITH THESE TERMS SHALL NOT EXCEED THE VALUE OF THE RELEVANT ORDER PLACED BY YOU FROM TIME TO TIME.

12.6. ducksback® shall have no liability for loss of profit or for any indirect, special or consequential loss of damage, costs, expenses or other claims for compensation whatsoever arising out of or in connection with the supply or non-supply of the Products (including any delay in supplying the Products) or their use or resale by you. Other than as set out in clause 9.2, the entire liability of ducksback® arising out of any order for Products from you will be limited to the total price of the Products ordered by you.

12.7. You must observe and comply with all applicable regulations and legislation, including all necessary customs, import or other permits to purchase Products from our Website. The importation or exportation of our Products may be prohibited by certain national laws. We make no representation and accept no liability in respect of the import or export of the Products you purchase.

13. Notices, Enquiries and Complaints

13.1. Any notices, enquiries or complaints should be:

13.1.1. e-mailed to therandomco@gmail.com;

13.1.2. sent by post to:

The Random Company UK Ltd

Unit 4A

Cradley Enterprise Centre 2

Maypole Fields,

Halesowen,

B63 2QB

14. Intellectual Property

14.1. The entire content of the Website, including all copyright, trademarks and other intellectual property rights it contains, including the use of the name “ducksback®” is the sole property of The Random Company UK Ltd or our licensors. You are permitted to copy, transmit and to use such material only for the purpose of ordering Products from the Website, but you not are entitled to copy, reproduce, transmit, display in public, create derivative works from or otherwise commercially exploit such material.

14.2. All intellectual property rights in the Products (subject to the rights of any third party) belong to The Random Company UK Ltd.

14.3. You warrant that all Customer Material provided to us will not be defamatory or infringe the copyright or other rights of any third party, and you shall indemnify ducksback® against any loss, damages, costs, expenses or other claims arising out of any such infringement.

15. General

15.1. These Terms govern the contract to the exclusion of all other terms and conditions stipulated in any other communication or document unless expressly agreed in writing by ducksback®.

15.2. ducksback® reserves the right to vary the content of these Terms from time to time, with any changes being published on the Website. However, such variations will not affect any Contract between ducksback® and you. Continued use of the Website, or any of its services will signify that you agree to any such changes.

15.3. We may correct any typographical, clerical or other error or omission in any information on the Website or in any email or other document or communication issued by ducksback® without incurring any liability on our part.

15.4. If any clause or part of a clause in these Terms is held by any Court of competent authority to be unlawful, invalid or unenforceable, such clause or part shall be severed and the remaining provisions of these Terms shall remain in full force and effect.

15.5. These Terms, together with our Website prices, delivery details, contact details and privacy policy set out the whole of our agreement relating to the supply of the Products by us. Nothing said by any sales person on our behalf should be understood as a variation of these Terms or as an authorised representation about the nature or quality of any Products offered for sale by us. Save for fraud or fraudulent misrepresentation or any statutory obligation, we shall have no liability for any such representation being untrue or misleading.

15.6. The contract between you and ducksback® shall be governed by English law and you and ducksback® submit to the exclusive jurisdiction of the English Courts.

15.7 ducksback® reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or any part of any of its rights or obligations under these Terms.

15.8 These Terms do not create or confer any rights or benefits enforceable by any person that is not a party within the meaning of the Contracts (Rights of Third Parties) Act 1999.

16. Privacy Policy

1. 1. To administer your account and process your order.
   2. And, from time to time, to inform you by post, email or other available means of products, services, promotions and special offers.
   3. We will only contact you by telephone if there is a query regarding your order.

How we use your information
This privacy notice tells you what to expect when Eleven10creative ltd. collects personal information. It applies to information we collect about:
• visitors to our websites;
• client feedback surveys
• our employees
• customers and clients
• suppliers and services providers
• advisers, consultants and other professional experts
• complainants and enquirers
• job applicants and our former employees.

Visitors to our websites
When someone visits the Eleven10creative ltd. website, we use a third party service, Google Analytics, to collect standard internet log information and details of visitor behaviour patterns. We do this to find out things such as the number of visitors to the various parts of the site. This information is only processed in a way which does not identify anyone. We do not make, and do not allow Google to make, any attempt to find out the identities of those visiting our website. If we do want to collect personally identifiable information through our website, we will be up front about this. We will make it clear when we collect personal information and will explain what we intend to do with it.

Cookies
Important notice for users – Like most websites, this site uses Google Analytics cookies and session cookies. These are small files of data that collect information about how visitors use our site, for instance which pages visitors go to most often, and if they get error messages from web pages.

These cookies don’t collect information that identifies a visitor. All information these cookies collect is aggregated and therefore anonymous. The information is only used to improve the responsiveness of our website when you visit.

By using our website, you agree that we can place these types of cookies on your device. For more information about cookies please contact us.

Search engine
Search queries and results are logged anonymously to help us improve our website and search functionality. No user-specific data is collected by either Eleven10creative ltd. or any third party.

E-newsletter
We use a third party provider, Mailchimp, to deliver our e-newsletters. We gather statistics around email opening and clicks using industry standard technologies to help us monitor and improve our e-newsletter. All recipients are on an opt-in basis and can Unsubscribe at any time. For more information, please see Mailchimps Privacy Policy. You will have received a double-opt-in message from us, so please take time to opt-in if you wish to continue receiving communications from us.

Website Hosted Services and data handling
We use a third party services for our hosted website services. Heart internet’s privacy policy can be found here >. We do not share or pass on any data that is collected via contact forms. sign up forms or direct email links.

WordPress
We use a third party service, WordPress.com, to publish our websites. These sites are hosted at Heart Internet. WordPress.com, is run by Automattic Inc. We use a standard WordPress service to collect anonymous information about users’ activity on the site, for example the number of users viewing pages on the site, to monitor and report on the effectiveness of the site and help us improve it. WordPress requires visitors that want to post a comment to enter a name and email address. For more information about how WordPress processes data, please see Automattic’s privacy notice.

Rackspace
When we use Rackspace to host websites: All servers are UK based and all data is protected behind dedicated hardware firewalls. They are continuously monitored for security vulnerabilities and in the worst case scenario data breaches. You can view Rackspace’s privacy policy here >

People who contact us via social media
If you send us a private or direct message via social media the message will be stored by the social media provider it will not be shared with any other organisations.

People who email us
We use Secure Sockets Layer Security (SSL) to encrypt and protect email traffic. If your email service does not support SSL, you should be aware that any emails we send or receive may not be protected in transit.

We will also monitor any emails sent to us, including file attachments, for viruses or malicious software. Please be aware that you have a responsibility to ensure that any email you send is within the bounds of the law.

What will we do with the information you provide to us?
Contact us if you would like to know more about our data flow.

How long is the information retained for?
We will generaly keep data until you request its deletion.

Access to personal information
The Random Company UK Ltd. tries to be as open as it can be in terms of giving people access to their personal information. Individuals can find out if we hold any personal information by making a ‘subject access request’ under the General Data Protection Regulations (GDPR). If we do hold information about you we will:
• give you a description of it;
• tell you why we are holding it;
• tell you who it could be disclosed to; and
• let you have a copy of the information in an intelligible form.

To make a request to The Random Company UK Ltd. for any personal information we may hold you need to put the request in writing addressing it to “The Data Controller”, or writing to the address provided below.

If you agree, we will try to deal with your request informally, for example by providing you with the specific information you need over the telephone.

If we do hold information about you, you can ask us to correct any mistakes by, once again, contacting “The Data Controller”.

Full details of our Employee Data Policy including data retention periods and detailed rights are available from “The Data Controller”.

We are registered on ICO – our no. is

Changes to this privacy notice
We keep our privacy notice under regular review. This privacy notice was last updated on 25th May 2018. If we make changes we’ll post this on on website.

How to contact us
If you want to request information about our privacy policy you can email us info@ducksback.co.uk or write to:
The Data Controller, The Random Company UK Ltd. Unit 4A Cradley Enterprise Centre, Maypole Fields, Halesowen, B63 2QB

1. 1. To ensure that items are placed into your Shopping Basket and orders are processed correctly.
   2. To identify you as you travel around our site.
   3. To provide site usage information, which together with purchase information, will further help us improve and develop the products and services we offer.