TERMS & CONDITIONS
AGREEMENT TO TERMS AND CONDITIONS
- Acceptance of Terms and Conditions
- The website www.wearedame.co ("the website") is owned and operated by Sanitary Owl Ltd, trading as 'wearedame.co'. References to “DAME, "we", "us", or "our" are references to Sanitary Owl Ltd. We are a company registered in England and Wales (company number 08509842) and our registered office and address for correspondence is: Top Floor
- 149 Cambridge St
- SW1V 4QB
- Your use of this website and purchase of any products from this website is at all times subject to these Terms and Conditions. By accessing our website you agree to our Terms and Conditions set out below. If you do not agree to these Terms and Conditions, you must exit our website immediately.
- Changes to Terms and Conditions
- We reserve the right, from time to time, with or without notice to you, to change these Terms and Conditions at our sole discretion. The Terms and Conditions applicable to your access to and use of this website will be the version that is current and displayed on the website as at each date you access the website. Your use of the website after changes are made means that you agree to be bound by such changes. These terms were last updated on 20th February 2018.
- Accounts and Billing
- You can find the specific details regarding your subscription with Sanitary Owl Ltd including your next scheduled deliveries, by logging into your account and clicking on the relevant section of the website. Please note that you will need to be logged in to your account to access these links.
- Other applicable terms
PURCHASE OF PARCELS
- When you buy a subscription you will automatically be signed up to receive a regular delivery of tampons (every so many weeks depending on your selection). You can manage and make changes to your orders in your account section. Please see the managing my orders section of our Help for more details. You are given the opportunity to review the parcel contents and frequency of orders in the 'My Account' page.
- Your submission of an order amounts to an offer to enter a contract to buy the products from us; you cannot then withdraw or cancel your order except as specifically stated in these Terms and Conditions.
- No order is accepted from you until our website displays an order confirmation message. This message is displayed after you have completed your purchase and a receipt is sent to by email as confirmation of your order.
FAULTY, DEFECTIVE OR DAMAGED PRODUCTS
- If any of our Products are inherently defective or damaged in transit, then subject to us agreeing that the relevant Product is defective or has been damaged in transit to you, we will provide you with a replacement, or if the same Product is unavailable, then a suitable alternative if possible or, at our discretion, a refund. We will bear the delivery costs incurred by you in returning the defective or damaged Product to us as long as you provide us with documentary evidence supporting those delivery costs and as long as we agree that the Product is defective or damaged.
- THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WARRANTY DISCLAIMER AND EXCLUSIONS / LIMITATIONS OF LIABILITY
- You represent and warrant that (a) all of the information provided by you to our website to participate in the Service is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
- You hereby accept and agree that it is beyond our control, and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release us from all liability for you having acquired or not acquired Content through the Site or the Services.
- It should be noted that the Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Site or Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services.
LIMITATION OF LIABILITY
- DAME SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. DAME SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT DAME HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
- In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. We may change, restrict access to, suspend or discontinued the site or any part of it at anytime. The information, content and services on the site are provided on an “as is” basis. When you use the site and or participate herein, you understand and agree that you participate at your own risk.
FREE OR DISCOUNTED OFFERS, AND REFERRALS
- From time to time there may be free or discounted offers available to new users at the discretion of DAME. Except where expressly stated, previous users or trialists of the website do not qualify for an additional special offer.
- Except where otherwise stated, free or discounted offers are available only once to any one person.
- Except where otherwise stated, discounts and credits cannot be used in conjunction with any other offers.
- You must have internet access and valid payment details to redeem a free or discounted offer.
- You will be charged the full price for parcels after your free or discounted offer. We will continue to bill you by your chosen payment method for the Sanitary Owl Ltd service until you cancel scheduled parcels.
- DAME reserves the right to withdraw free or discounted offers at their sole discretion. In the event of this happening all monies paid will be returned to the customer if a box has not been sent out.
- Referral codes are at the sole discretion of DAME. If DAME feels that the referral code system is being abused they reserve the right to remove previously applied credit from your DAME account without warning. Referral codes are a limited offer and subject to change with no notice. You can refer as many friends as you like, but not by creating multiple accounts. You have to have an active DAME account for the credit to be applied at the time of the referral code being used. The referred customer must be a new DAME customer and not an existing or returning DAME customer (DAME will determine in their sole discretion if whether the customer is new).
- The price of products is as quoted on the website and can change from time to time. Prices stated exclude postage and packaging which is listed separately.
- We take payments by continuous payment authority. You will be charged the day your parcel is shipped.
- If your payment details change, your card provider may provide us with updated card details. We may use these new details for your future parcels in order to help prevent any interruption to the service. If you would prefer to opt out from this service, please contact us on email@example.com.
- You agree not to hold us responsible for banking charges incurred due to payments on your account.
- Goods are subject to seasonal changes in supply levels and supply prices. We reserve the right to change the fees for any services at any time. Please note that you can cancel at any time – see CANCELLATION section below.
- You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with this website. You also agree not to interfere with the servers or networks underlying or connected to this website or our services or to violate any of the procedures, policies or regulations of networks connected to this website.
- All content and programming of the website is our property. Except as may be permitted by law, notwithstanding contractual prohibition, you may not reproduce, modify, copy, de-compile or reverse engineer any of the materials, software or content on the website without our written permission. Use of the website is restricted to personal, non-commercial use only.
- You agree not to impersonate any other person while using this website, conduct yourself in an offensive manner while using our website, or use the website for any illegal, immoral or harmful purpose.
- You may not use the website for unlawful purposes or in any way that may damage our name or reputation or that of our affiliates.
- It is your responsibility to ensure your computer system meets all the necessary technical specifications to enable you to access and use the website and is compatible with the website.
- We may, from time to time, restrict access to certain features, parts or content of the website, or the entire website, to users who have registered with us.
- You are solely responsible for maintaining the confidentiality of your account and password, for all activity that takes place on your account, and for restricting access to your computer. We will not be held liable for any loss or damage that may result from your failure to do so.
- The information contained in this website is for general information purposes only. We endeavour to keep the information contained on the website (other than User Material (as defined in clause 9.2 below)) up-to-date and correct, although there may be times when this is not the case. If you notice any issue with the information on the website, please contact us at firstname.lastname@example.org
INTELLECTUAL PROPERTY RIGHTS
- All intellectual property rights in or relating to the website (including our text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by us or our licensors. Except where you are given a non-exclusive licence to use the intellectual property rights that you need to enable you to use the website in accordance with these Terms and Conditions, you are not given any rights in respect of the intellectual property rights owned by us or our licensors and you acknowledge and agree that you do not acquire any ownership of, or other rights in relation to, any such intellectual property rights by virtue of using the website.
- External Links
- From time to time this website may also include links to other websites that we do not control. These links 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, privacy policies or operation of such linked website(s), or for anything provided (or not provided) by the third parties controlling such linked websites.
- If you create a link to the website and we want you to remove it, we reserve the right to ask you to do so.
- In order to purchase products from the website, you must set up an account with us by completing the registration form in the checkout of the website. In order to register an account you must be an individual. On registering an account you are agreeing to comply with these Terms and Conditions. If you are registering on behalf of an organisation or company you must have the authority to bind that company. If you are under 18 years of age and you order goods from the website, please note that you are liable to pay for such order and be held responsible for your order.
- When signing up you need to provide:
- a current and valid email address;
- your delivery address; and
- your payment card details.
- You warrant that all information you provide to us when registering an account is true and accurate to the best of your knowledge and belief. It is your responsibility to ensure the information in your account is updated regularly with any relevant changes.
- We may refuse at our absolute discretion any application to join us or receive our services for any reason whatsoever.
- You are responsible for all activities and purchases that occur under your account. You must notify us immediately if you know of, or suspect, that anyone has obtained access to your account or if you otherwise become aware of any unauthorised use of your account or other security breach.
AVAILABILITY OF WEBSITE
- Although we aim to offer you the best service possible, we make no promise that our website services will be available all of the time, meet your requirements or be fault free. If a fault occurs in the service, please report it to us (see below for contact details) and we will correct the fault as soon as we reasonably can.
- Your access to the website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that our website is unavailable, our usual order and cancellation deadlines apply; please notify us of changes to your order via email at email@example.com
DELIVERY AND RETURN OF BOXES
- Boxes can only be delivered to addresses within the United Kingdom (including Northern Ireland); this excludes PO Box addresses and BFPO addresses.
- Boxes are delivered by your local postie. Proof of delivery is not obtained. Actual delivery times may vary for you depending on:
- our stock availability;
- your delivery address;
- when you make your selection; and
- circumstances impacting delivery by the postal service.
- We reserve the right to use alternative delivery methods without prior notification.
- You will not hold us responsible for any delays, outside our control, which relate to the delivery of boxes.
- It is your responsibility to report all lost or undelivered boxes online within 7 days of the expected last day of delivery shown in your confirmation email.
- If your box does not fit through your letterbox and you are out when it is delivered, your postie should leave a card at the address with information about collection or re-delivery. The postage provider will hold the box for 18 days before returning it to us and it is your responsibility to contact them to arrange receipt of the box as soon as you can. We cannot be held responsible for refunding or replacing the box if this process has not been followed.
- Where the above process is followed the following credit procedure applies:
- Please report the problem to us online using this link: https://www.wearedame.co/pages/contact.
- If you have not received your box and have not been left a card to say that the delivery has been attempted, please contact Royal Mail to check whether they have the box. You can find your local delivery office here: http://www.royalmail.com/delivery-and-collection-office-finder. If Royal Mail are not holding the box for you, please contact us on firstname.lastname@example.org to report the problem. A reasonable allowance of time will need to be made for any delivery delays before we are able to take action.
- If you change address, you must update your address details in the relevant section of the website to ensure that boxes are not sent out to the wrong address. Please ensure this is done in time to take effect before you move as you will not be refunded or credited for any boxes posted to the wrong location. You can update your address details in your account section here.
- We reserve the right to cancel your account with us if it becomes apparent that, in our sole opinion, the postal service in your area is too unreliable.
- If you are dissatisfied with any product you receive from us, please contact our customer services team on email@example.com. We retain the right to request a return of any faulty goods by recorded delivery to the return address on the box and the product will be inspected. If we request recorded delivery then we will pay for the cost of the postage on provision of the postage receipt. If the fault is agreed, a full refund will be given for the returned goods. Nothing in this section affects your legal rights.
- If you place an order for multiple products, please be aware that they will still be sent via your local post office and may be subject to delays. We therefore cannot guarantee delivery on a specific day and will not be held liable for delays outside of our control.
- You can cancel the purchase of a parcel at any time before the parcel has been sent out. For more details for any assistance please email firstname.lastname@example.org.
- Cancellation must be by the website www.wearedame.co. You remain responsible for ensuring that any such change or cancellation is not only transmitted by you, but received by us, in time for the deadline and that you receive the confirmation email from us before the deadline.
- We reserve the right to terminate or restrict your use of our service, for any or no reason whatsoever. One reason that we may do so is if we believe that you are in breach of any obligation under these Terms and Conditions. If we terminate your use of our service as a result of a breach of any obligation under these Terms and Conditions, such termination would be immediate and may be without notice.
LIMITATIONS ON LIABILITY
- Nothing in this clause or otherwise in these Terms and Conditions shall exclude or in any way limit our liability for:
- fraud or fraudulent misrepresentation;
- death or personal injury caused by our negligence;
- 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
- any other liability to the extent the same may not be excluded or limited as a matter of law.
- None of these terms restrict any of your statutory rights. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizen's Advice Bureau.
- Subject to clause 1 in LIMITATIONS ON LIABILITY, in no event shall we be liable to you for any business losses. Any liability we do have for losses you suffer is strictly limited to the purchase price of the relevant products and to losses that were foreseeable.
- Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. Please note that this does not affect your statutory rights.
Your use of this website is governed by these Terms and Conditions and construed and enforced in accordance with the laws of England and Wales. Disputes arising from your use of this website and the services we provide are subject to the non-exclusive jurisdiction of the courts of England and Wales.
ASSIGNMENT BY US
You agree that we may assign any of our rights and/or transfer, sub-contract or delegate any of our obligations under these Terms and Conditions. These Terms and Conditions are personal to you and you may not assign any of your rights or transfer, sub-contract or delegate any of your obligations under these Terms and Conditions.
ACCOUNTS ARE NON-TRANSFERABLE
Accounts with Sanitary Owl Ltd are not transferable and therefore cannot be sold or traded.
If we delay exercising or fail to exercise or enforce any right available to us under these Terms and Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms and Conditions.
We will not be liable to you for any lack of performance, or the unavailability or failure, of this website or our services, or for any failure by us to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause reasonably beyond our control.
THIRD PARTY RIGHTS
Nothing in these Terms and Conditions confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.
Please submit any questions you have about these Terms and Conditions or an order you have placed or ordering in general by email to email@example.com or write to us at:
149 Cambridge St