Terms of use

• Introduction
• Access to Site
• What you are allowed to do
• What you are not allowed to do
• Intellectual Property Rights
• Content
• Your Personal Information
• External Links
• Ordering and availability
• Delivery
• Risk and title
• Price and payment
• Consumer rights
• Our refunds policy
• Faulty products
• Product information
• Events outside our control
• Our liability
• General
• Recycling of electrical and electronic equipment
• Contacting us

Introduction

These are the terms of use, including the terms and conditions of supply (Terms), for www.dirtdevil.co.uk (Site). The Site is operated by Jarden Consumer Solutions (Europe) Limited(we, us and our). We are a limited company, registered in England. Our registered company number is 00713656, and our registered office is at Vine Mill, Middleton Road, Royton, OL2 5LN. Our VAT registration number is GB911409944.

Your purchase of any of the products offered on this Site (Products) is subject to these Terms and by placing an order for any product you agree to be bound by them. You should print a copy of these Terms for future reference. Use of your personal information submitted via this Site is governed by our privacy policy.

We reserve the right to change these Terms from time to time by changing them on the Site, although no such change will affect any order you have already placed with us. These Terms were last updated on 22nd November 2011.

Access to the Site

It is your responsibility to ensure your computer system meets all the necessary technical specifications to enable you to access and use the Site and is compatible with the Site.

We may, from time to time, restrict access to certain features, parts or content of the Site, or the entire Site, to users who have registered with us. You must ensure that any registration details you provide are accurate. If you choose, or you are provided with a log-on ID (such as a username and password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use or other security breach of which you become aware. We reserve the right, at any time, to disable your log-on ID, if in our opinion you have failed to comply with any of the provisions of these terms and conditions or if any details you provide for the purposes of registering as a user prove to be false.

We cannot guarantee the continuous, uninterrupted or error-free operability of the Site. There may be times when certain features, parts or content of the Site, or the entire Site, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Site, or any features, parts or content of the Site.

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What you are allowed to do

You may only use the Site for non-commercial use and only in accordance with these Terms. You may retrieve and display content from the Site on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Site and, where they apply, they will be displayed before you access the relevant features, parts or content.

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What you are not allowed to do

Except to the extent expressly set out in these Terms, you are not allowed to:

• store pages of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the pages of the Site;
• remove or change any content of the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted; or
• create links to the Site from any other website, without our prior written consent.

You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.

All rights granted to you under these Terms will terminate immediately in the event that you are in breach of any of them.

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Intellectual property rights

All intellectual property rights in any content of the Site (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us and/or our licensors. Except as expressly set out in these Terms, nothing in these Terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Site. If you print off, copy or store pages from the Site (only as permitted by these terms and conditions), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.

Breville, Nicky Clarke, Dirt Devil and Hinari brands and their visual properties and designs are trade marks owned by us and licensed to third parties.

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Content

We may change the format and content of the Site from time to time. You agree that your use of the Site is on an 'as is' and 'as available' basis and at your sole risk.

While we try to make sure that all information contained on the Site is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.

Except to the extent that these Terms specify otherwise, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Site and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded. To the fullest extent permitted by law, we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Site or relying on any of its content.

We cannot and do not guarantee that any content of the Site will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.

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Your personal information

Use of your personal information submitted via the Site is governed by our privacy policy.

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External links

The Site may, from time to time, include links to external sites. We have included links to these sites to provide you with access to information and services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators.

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Ordering and availability

Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the "Place your Order" button on the checkout page.

Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us. We are not obliged to accept your order and may, in our discretion, decline to accept any order. Where we accept your order, we will confirm such acceptance to you by sending you an email that confirms that we have accepted your order (Order Confirmation). The contract between you and us in relation to the Products ordered (Contract) will only be formed when we send you the Order Confirmation. We will send you a further email to notify you when your goods have been dispatched.

The Contract will relate only to those Products whose dispatch we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Order Confirmation.

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Delivery

Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 30 days of the date of the Order Confirmation, unless there are exceptional circumstances.

Your order will be delivered to the delivery address you specify when placing your order. Orders cannot be delivered to PO Box or similar addresses. We deliver to all addresses within the United Kingdom mainland.

Products comprised within the same order cannot be delivered to different addresses.

Deliveries are made by courier and take place on Monday to Friday, excluding bank and public holidays, usually within the hours of 8am and 5pm. It is not possible to specify a precise time at which a delivery will take place. Please note that the courier will require deliveries to be signed for.

Deliveries will be made to your door. If you order a large, heavy or bulky Product, you are advised to check that its dimensions (allowing for packaging) will allow it to pass freely through the doorways and corridors of the delivery address.

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Risk and title

Products ordered will be at your risk from the time of delivery. Ownership of the Products ordered will also pass to you on delivery, provided we have received full payment of all sums due in respect of the Products, including delivery charges.

Price and payment

The price of Products is as quoted on the Site from time to time.

Prices include VAT but exclude delivery costs, which will be automatically added to the total amount due once you have selected your chosen delivery method.

Prices and delivery costs are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.

At present our delivery charges are free for all Products purchased through our website for delivery of Products to addresses within the United Kingdom.

The Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

Payment for all orders must be made by credit or debit card on the checkout page. We accept payment by most major credit and debit cards.

We will charge your credit or debit card at the time you place your order with us. The payment on your credit or debit card will appear on your statement as 'Jarden Consumer Solutions (Europe) Limited'. In the event that we do not accept your order we will return to you the full amount taken from your card.

You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.

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Consumer rights

Except in relation to certain Products set out below, you may cancel a Contract at any time before your order is delivered and up to seven working days afterwards, beginning on the day after you received the Products (the cooling-off period). In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (see below).

To cancel a Contract, you must inform us by email or telephone giving us your name, address and order reference. You must also return the Products to us within 14 days of notifying us of the cancellation, in the same condition in which you receive them (except to the extent reasonably necessary for you to examine them). You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right to claim the cost of any deterioration from you.

If you wish to cancel a Contract during the cooling-off period, you must not use the Product before returning it. You must return Products to us in a resaleable condition, complete with the original packaging, all components and accompanying literature.

To return a Product, you must obtain a returns reference from us (which we will give you when you contact us to cancel the Contract), package the parcel securely (making sure you include a note of your name, address and returns number inside the parcel) and then return it to us, either by courier or by recorded delivery mail or other form of certified mail, to the following address:

Jarden Consumer Solutions (Europe) Limited
Vine Mill
Middleton Road
Royton
OL2 5LN

We advise that you take out enough postal insurance to cover the value of the contents. Please save your proof of posting and tracking information until your refund has been processed. You will be responsible for the cost and risk of returning the items to us.

Details of the consumer rights described above, and an explanation of how to exercise them, are provided in the Order Confirmation. Nothing in this section affects your legal rights.

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Our refunds policy

If you cancel a Contract between us within the cooling-off period (see above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. We will refund the price of the Product in full, including the cost of delivery. However, you will be responsible for the cost of returning the Product(s) to us.

We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

Faulty products

If any Product you order is damaged or faulty when delivered to you, the price of the Product shall be refunded to you in full, including the cost of delivery. If you believe a Product was delivered damaged or faulty, you must inform us in writing, giving us your name, address and order reference. Nothing in this section affects your legal rights.

To return a faulty Product, you must package and return the item to us for inspection. We advise that you return the Product to us either by recorded delivery mail or other form of certified mail to the following address:

Jarden Consumer Solutions (Europe) Limited
Vine Mill
Middleton Road
Royton
OL2 5LN

In the event that a Product is found to be faulty by us, we will either:

1. (a) subject to availability, replace your Product free of charge and refund your return delivery costs in full; or
2. (b) if we are unable to replace your Product, provide you with a full refund including your return delivery costs for returning the faulty Product to us.

In order for us to refund the return delivery costs to you, please provide us with copies of receipts to evidence your postage costs (including cost of postage materials) to the address above [or by email to DDwebSales@pulse-uk.co.uk ]. If a Product is not found to be faulty by us, we will not refund your delivery costs for returning the Product to us.

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Product information

Whilst we have taken reasonable steps to depict Products as accurately as possible through the photographs and other images featured on the Site, the detailing (such as colour, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product when you receive it.

Any information on the Site regarding sizing and technical specification of products is included as a guide only. If you are in any doubt as to the size or technical specification of any product you require, we recommend that you contact us prior to placing an order (see Contact us).

Events outside our control

We will not be liable or responsible for any failure to perform, or delay in our performance of our obligations under any Contract or these Terms that is caused by events outside our reasonable control.

Our performance under any Contract is deemed to be suspended for the period that such event is ongoing, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the relevant event to a close or to find a solution by which our obligations under the Contract may be performed despite such

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Our liability

Nothing in these terms and conditions shall limit or exclude our liability to you:

• for death or personal injury caused by our negligence;
• for fraudulent misrepresentation;
• for breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
• under Part I of the Consumer Protection Act 1987; or
• for any other liability that may not, under English law, be limited or excluded.

Subject to this, in no event shall we be liable to you for any business losses and any liability we do have for losses you suffer arising from any Contract shall not exceed the purchase price of the relevant Products and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control.

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General

You may not transfer or assign any or all of your rights or obligations under any Contract.

All notices given by you to us must be given in writing to the address set out at the end of these Terms. We may give notice to you at either the email or postal address you provide to us when placing an order.

If we fail to enforce any of our rights, that does not result in a waiver of that right.

If any provision of these Terms is found to be unenforceable, all other provisions shall remain unaffected.

These Terms may not be varied except with our express written consent.

These Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract. Contracts may be concluded in English only.

These Terms shall be governed by English law, and you agree that any dispute between us regarding them or any Contract will only be dealt with by the English courts.

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Recycling of electrical and electronic equipment

Since 2 January 2007, the UK's Waste Electrical and Electronic Equipment (WEEE) Regulations allow members of the public to deposit old electrical and electronic items at recycling sites across the UK, free of charge. The WEEE Regulations aim to reduce the amount of electrical and electronic equipment being being disposed by landfill in the UK, and encourages everyone to contribute to a reduction in the quantity of WEEE being sent to landfill and increase the amount of WEEE being recycled.

Electrical and electronic equipment is one of the fastest growing waste streams in the UK. Many electrical and electronic equipment waste items can now be recycled with the resources often being re-used for new consumer goods. Recycling unwanted electrical and electronic equipment helps to save natural resources and also reduces the environmental and health risks associated with sending waste electrical goods containing hazardous substances to landfill.

As a distributor of electrical and electronic equipment, we are required under the WEEE Regulations to provide our customers with a way of recycling household WEEE. To facilitate this requirement, we have joined and contribute towards the Distributor Take-Back (DTS) scheme which is developing a UK recycling network for waste electrical products. We are unable to accept the return of your old Products to us for recycling. We do not have a legal obligation to do so as we are contributing to the DTS scheme mentioned above. To find your nearest recycling sites for waste electrical and electronic products, please contact your local council, or visit www.recycle-more.co.uk and type your postcode into the recycling bank locator.

All new electrical and electronic equipment sold across the UK, must carry a crossed-out wheelie bin symbol (shown below) to assist you with identifying those products which should be recycled and not put into ordinary household waste bins. All of our Products which fall under the WEEE Regulations are clearly identifiable with this symbol.

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Contact us

Please submit any questions you have about these Terms, an order you have placed or ordering in general by email to DDwebSales@pulse-uk.co.uk, by telephone on 0161 621 6900 between the hours of 9am to 5pm, Monday to Friday (excluding Bank Holidays) or write to us at:

Jarden Consumer Solutions (Europe) Limited
Vine Mill
Middleton Road
Royton
OL2 5LN

Telephone Number: 0161 621 6900

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