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These provisions (including the PrivacyPolicy together with any other documents referred to in these provisions) set out the terms and conditions on which a Customer may make use of the DAYRIZE.com website (the “DAYRIZE Website”), whether as a guest or registered user ("Customer Terms"). A “Customer” means a visitor and/or user of the DAYRIZE Website.
By using the DAYRIZE Website a Customer agrees to be bound by these Customer Terms. If a Customer does not agree to these Customer Terms, then the Customer should not use the DAYRIZE Website in whole or in part. DAYRIZE may update these Customer Terms (and the documents referred to in them) and any aspect of the DAYRIZE Website from time to time and will notify such changes to the Customer by uploading details on the DAYRIZE Website. The Customer should review the Customer Terms periodically for changes.
The DAYRIZE Website is operated by Dayrize Ltd, a private company with limited liability, incorporated under the law of England and Wales, registered under company number 12431646 (“DAYRIZE”).
1. The DAYRIZE Website
1.1 Access to the DAYRIZE Website is permitted on a temporary basis and DAYRIZE reserves the right to withdraw or amend the DAYRIZE Website without notice. DAYRIZE will not be liable if for any reason the DAYRIZE Website is unavailable at any time or for any period.
1.2 It is the Customer’s responsibility to ensure that all information (including name and address) uploaded to the DAYRIZE Website by the Customer, is correct and accurate. The Customer has to check all information before making a purchase.
1.4 If a Customer chooses, or a Customer is provided with a user identification code, password or any other piece of information as part of DAYRIZE’s security procedures, the Customer must treat such information as confidential, and the Customer must not disclose it to any third party. DAYRIZE has the right to disable any user identification code or password, whether chosen by Customer or allocated by DAYRIZE, at any time, if in DAYRIZE’s opinion a Customer has not complied in part or in full with any of the provisions of these Customer Terms.
1.5 When a Customer decides to purchase Products on the DAYRIZE Website, the resulting legal sales contract is between the Customer and the relevant reseller of the Product(s) (“Partner” and two or more of them “Partners”) and such contract shall consist of these Customer Terms, the email confirmation of the order and the applicable details on the Product page and the Customer agrees to be bound by all such provisions. “Product” or "Products" means the goods, services or information that a Partner wishes to promote and sell on the DAYRIZE Website.
1.6 DAYRIZE is not responsible and therefore cannot be held liable for any information provided by the Partner and whether or not passed on through the DAYRIZE Website to Customers and DAYRIZE will not change any information passed on by the Partner to Customers on the Dayrize Website. DAYRIZE will create new data (the DAYRIZE Score) based on the data from the Partner provided to the Customer and/or based on data from the Partner provided to DAYRIZE. At no time does DAYRIZE possess any Products offered for sale by Partners on the DAYRIZE Website.
1.7 The customer should carefully review the Customer Terms, the email confirmation of the order and the applicable details on the Product page in relation to an order. If there is any conflict or inconsistency between these Customer Terms and the email confirmation of the order or the applicable details on the Product page, these Customer Terms shall prevail to the extent of the conflict or inconsistency.
1.8 Each order the Customer places shall be deemed to be an offer by the Customer to purchase the Products specified within it subject to the Customer Terms and the applicable details on the Product page.
1.9 No order shall be deemed to be accepted by a Partner until DAYRIZE (acting as the commercial agent of the Partner) issues an email acknowledgement of such order. The contract between the Customer and a Partner will relate only to those Products notified in the email acknowledgement of an order.
1.10 DAYRIZE cannot give any undertaking that Products a Customer purchases from a Partner on the DAYRIZE Website will be of satisfactory quality and this and any other such warranties (whether express or implied) are disclaimed by DAYRIZE to the fullest extent permitted by law. This disclaimer does not affect Customer’s statutory rights against the Partner. Where a Customer orders Products on the DAYRIZE Website, DAYRIZE may disclose the Customer’s information related to that transaction to the relevant Partner.
2. Links, reference
2.1 The DAYRIZE Website must not be framed on any other website.
2.2 A Customer may link or refer to any page on the DAYRIZE Website, provided the Customer does so in a way that is fair and legal and does not damage DAYRIZE’s reputation or take advantage of it. A Customer is not allowed to establish a link in such a way as to suggest any form of association, approval or endorsement on the part of DAYRIZE where none exists. DAYRIZE expressly reserves the right to invoke the right granted in this clause for breach of these Customer Terms and to take any action it deems appropriate.
2.3 The DAYRIZE Website provides links to other websites. Using these links means leaving the DAYRIZE Website. DAYRIZE has not reviewed these third-party websites and does not have control over such sites or resources. DAYRIZE therefore does not endorse or make any representations about these sites, or any material found there, or any results that may be obtained from using these sites. Therefore, accessing any of the third-party websites linked to the DAYRIZE Website, is entirely at the risk of the Customer.
3. Intellectual property rights
3.1 DAYRIZE owns, or is the licensee to, all right, title and interest in and to the DAYRIZE Website, including all rights under patent, copyright, trade secret or trademark law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. The Customer will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from the DAYRIZE Website.
3.2 The Customer must not extract or otherwise use any of the content on the DAYRIZE Website for commercial purposes without obtaining a license to do so from us or our licensors.
4. Disclaimer of Warranties and limitation of liability
4.1 The DAYRIZE Website is provided “as is” and “as available” and DAYRIZE expressly disclaims to the fullest extent permitted by law all express, implied and statutory warranties. To the fullest extent permitted by applicable laws, DAYRIZE disclaims responsibility for any harm resulting from the use of any part of the DAYRIZE Website by a Customer.
4.2 Neither DAYRIZE nor our licensors are liable to the Customer for any use or misuse of the DAYRIZE Website. Such limitation (a) includes direct damages, whether such claim is based on warranty, contract, tort or otherwise (even if DAYRIZE has been advised of the possibility of such damages), (b) includes indirect, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort or otherwise (even if we have been advised of the possibility of such damages), or (c) applies whether damages arise from use or misuse of and reliance on the DAYRIZE Website, from inability to use the DAYRIZE Website, or from the interruption, suspension or termination of the DAYRIZE Website (including any damages incurred by third parties).
4.3 Nothing in these Customer Terms shall limit or exclude DAYRIZE’s liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
4.4 The Customer acknowledges that these Customer Terms, and/or any transaction made by the Customer on the DAYRIZE Website, do not create or imply any partnership, joint venture or trust relationship between DAYRIZE, the Customer and/or one or more Partners.
4.5 The information contained in the DAYRIZE Score on the Dayrize Website is for information purposes only. While DAYRIZE endeavours to keep the DAYRIZE Score up to date and correct, DAYRIZE makes no representations or warranties of any kind, express or implied, about the DAYRIZE Score given that certain information could be based on information provided by a Partner which cannot be objectively verified by public information. In no event DAYRIZE will be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of the DAYRIZE Score.
5. Payment methods
5.1 Purchases for Products a Customer makes with Partners may only be paid for using the payment methods made available from time to time by DAYRIZE on the DAYRIZE Website. In accepting or otherwise processing payments of Customers related to the purchase of Products from Partners, DAYRIZE acts in the capacity as commercial agent of the Partners. In respect of all payment methods, the Partner acknowledges and agrees that the valid payment by the Customer to DAYRIZE will satisfy the Customer’s obligation to pay the Partner for the relevant Product(s) and consequently, any debt obligations owed by a Customer to a Partner for the purchase of such Products shall be extinguished at that time.
5.2 The Customer accepts that Product prices in the currencies displayed do not vary according to the Customer’s location; any possible delivery charges will vary depending on the destination to choose to have the Product delivered. For delivery destinations within the UK prices include VAT or other sales taxes where applicable.
5.3 The Partner agrees that it will not seek recourse (legal or otherwise) against a Customer for payment of Products if a Customer has validly paid for these Products to DAYRIZE. All prices shall be shown in the applicable currency and payable in that currency. The Customer accepts that some banks may charge the Customer an additional fee for certain transactions (for example, international transactions).
6. Refusal of transaction
6.1 DAYRIZE may refuse to process a transaction for any reason or refuse service to anyone at any time at DAYRIZE’s sole discretion. DAYRIZE will not be liable to a Customer or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.
7. Delivery arrangements
7.1 The shopping basket on the DAYRIZE Website displays the Product(s) a Customer has chosen, the Partner who shall provide them and details of postage and packing. The delivery costs for Partners vary according to the delivery methods they offer. Any delivery times quoted are in Business Days.
7.2 Prices on Product pages exclude shipping fees. The prices shown on Product list pages also do not include shipping fees. Where the Customer chooses to have Products delivered, the relevant shipping fees will be displayed in the shopping basket and during the checkout process, prior to confirming an order.
7.3 The Products that the Customer orders from any DAYRIZE Partner will be delivered by that DAYRIZE Partner. DAYRIZE Partners may use a third-party delivery service.
8. Returns & Refunds
8.1 For most Products, Customers have 14 days to notify DAYRIZE if they want to return the Product for a refund and another 14 days to send it back. The return period will expire 14 days from the day on which the Customer receives the Product ordered. This applies to returnable Products (there’s a guide under clause 8.10 to determine what non-returnable Products are).
8.2 Orders that have been received and confirmed can no longer be cancelled. The Customer can return the order free of charge for a full refund instead, as explained in Clause 8.3.
Orders that have not arrived within a reasonably agreed time with the Partner as also referred to in the Consumer Rights Act can be cancelled by the Customer. The Customer should contact DAYRIZE customer service to ask for such a cancellation. Upon cancellation, DAYRIZE will process a refund as described under Clauses 8.5 and 8.7 below.
8.3 Product(s) returns can be requested as follows:
a. The customer sends a return request email to [email protected], indicating which products the Customer would like to return.
b. b. The return request is then created and, if the Product(s) are returnable, a returns request confirmation email is sent by DAYRIZE to the Customer.
c. The Customer is asked to pack the Product(s) in its original packaging and drop the Product(s) off at a Hermes ParcelShop as described in the return confirmation email, all within 14 days of letting DAYRIZE know that the Customer wants to return the Product. Please note that DAYRIZE will bear the cost of returning the Product(s) to the Partner.
d. For all returnable Products that are liquids, gels, creams, pastes, lotions and oils, the following applies:
a. The Product(s) must be returned in its original undamaged packaging;
b. The Product(s) must be wrapped and any empty space in the packaging should be packed;
c. Any loose edges should be secured and the packaging must be securely sealed.
e. Dayrize or any of the service providers Dayrize is using has the right to refuse any parcel that is deemed to be not adequately packaged.
8.4 A Product qualifies for a refund when the Partner confirms the receipt of the returned Product(s) in good fashion.
8.5 If a refund is applicable, the amount paid for the Product(s) and any possible outbound shipping fees paid by the Customer will be refunded by DAYRIZE to the Customer. Outbound shipping fees will not be refunded if only a part of the sales order has been returned, but only if the full original order is returned.
8.6 If a Customer receives a defective or faulty non-returnable Product, DAYRIZE will instantly provide the Customer with a full refund, including any applicable shipping fees. In case the Partner wants the Product to be returned, DAYRIZE will arrange such a return and DAYRIZE will bear the shipping cost for that return. If a Customer receives a defective or faulty non-returnable Product, the Customer should notify DAYRIZE customer service and provide evidence that the Product is damaged, defective, faulty or unusable.
8.7 DAYRIZE will process a Product refund by way of the Customer’s original payment method:
a. In no more than 14 days after the day the Product is received by the Partner; or
b. if earlier, 14 days after the date Customer provides evidence that the Customer has returned the Product to the Partner; or
c. if the Product is non-returnable, 14 days after the date the Customer provides evidence that the Product is damaged, defective, faulty, or unusable; or
d. if there were no Products supplied, 14 days after the day on which you informed DAYRIZE about the decision to cancel the order.
8.8 The Customer should not destroy or throw away any Product and, where relevant, the external packaging, even if it is faulty. Please note that the Customer is liable for any diminished value of the Product resulting from the handling of the Product in any way other than what is necessary to establish the nature, characteristics and functioning of the Product while the Customer is responsible for it (this includes, in the context of a return, when the Product is in transit back to the Partner).
8.9 For any further questions, please get in touch with DAYRIZE submitting a request to the DAYRIZE customer service team.
8.10 The Customer may not return or obtain a refund in relation to the following Products (each a non-returnable Product), unless such Product is defect or faulty on delivery to the Customer:
· Personalised Products that are specifically made to a Customer's specification (e.g. a custom-made print), except where the Customer has chosen Products from pre-determined upgrade options or standard off-the-shelf components. DAYRIZE shall determine in its sole discretion as to whether a Product is or is not a personalised Product. For the avoidance of doubt, Products with hygiene seals are returnable Products unless they are personalised Products;
· Audio or video recordings or computer software which a Customer has unsealed;
· Newspapers, periodicals or magazines;
· Products that by their nature cannot be returns, such as where it is physically impossible to return items or where items cannot be restored to the same physical state as they were supplied (e.g. nylon tights).
9. Use of the DAYRIZE Website
9.1 Uploaded material or information by the Customer must not (a) be disrespectful; (b) contain material which is obscene, discriminatory, offensive, hateful, threatening or inflammatory; (c) be likely to be misleading any person; (d) promote any illegal activity; (e) be likely to harass, upset, embarrass, alarm or annoy any other person; (f) infringe any copyright, database right or trade mark of any other person; or (g) be used to misrepresent the identity of a Customer or affiliation with any person.
9.2 Any material a Customer uploads to the DAYRIZE Website will be considered non-confidential and non-proprietary. Therefore, this material may be used, copied, distributed and disclosed to third parties. DAYRIZE is not be responsible, or liable to any third party, for the content or accuracy of any materials posted by a Customer. DAYRIZE has the right to remove any material or posting a Customer makes on the DAYRIZE Website.
>9.3 Customers must not misuse the DAYRIZE Website by introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. Customers must not attempt to gain unauthorised access to the DAYRIZE Website, the server on which the DAYRIZE Website is stored or any server, computer or database connected to the DAYRIZE Website. DAYRIZE will report any breach hereof to the relevant law enforcement authorities and will co-operate with those authorities by disclosing the identity of the relevant Customer to them and such Customer’s right to use our DAYRIZE Website will cease immediately.
If DAYRIZE fails at any time to insist upon strict performance of any of the Customer’s obligations under these Customer Terms, or if DAYRIZE fails to exercise any of the rights or remedies to which DAYRIZE is entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve the Customer from compliance with such obligations. No waiver by DAYRIZE of any of these Customer Terms shall be effective unless it is expressly stated to be a waiver and is communicated to the Customer in writing.
If any of these Customer Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These Customer Terms and any documents expressly referred to in them constitute the entire agreement between the Customer and DAYRIZE and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between DAYRIZE and the Customer, whether written or oral, relating to its subject matter. The Customer and DAYRIZE agree that neither party shall have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Customer Terms or any documents expressly referred to in them.
Where DAYRIZE or a Partner is prevented from or delayed in carrying out obligations under these Customer Terms due to circumstances beyond its reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to the Partner's workforce), or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then either DAYRIZE’s or the Partner's (as the case may be) performance of its obligations shall be postponed for the period of time that the circumstances continue.
No provision of these Customer Terms shall be enforceable by any third party (which includes for these purposes any third party: employee, officer, agent, representative or sub-contractor of either DAYRIZE or the Partner) under a contract between the Customer and a Partner (Rights of Third Parties) Act 1999 or otherwise. Nothing in this clause excludes the rights of DAYRIZE when acting as commercial agent of any Partner.
Contracts for the purchase of Products on the DAYRIZE Website shall be governed by the laws of England and Wales. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of England.
16. Feedback and Complaints
General comments about the DAYRIZE Website, complaints about a specific Partner or Products are welcome, please contact us by any of the methods mentioned on the DAYRIZE Website.
17. Errors, Inaccuracies and Omissions
Occasionally there may be information on the DAYRIZE Website that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, Product shipping charges, transit times, availability and DAYRIZE Scores. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the DAYRIZE Website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the DAYRIZE Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the DAYRIZE Website should be taken to indicate that all information on the DAYRIZE Website has been modified or updated.