Terms & Conditions
1. General
a. This Agreement as contained herein applies between the Customer, (the user of this website) and Daynan Designs, the owner of the website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, please exit from this website immediately.
b. In these terms and conditions, terms shall have the meanings ascribed to them. In addition, the following terms shall have the following meanings: “Goods” means necklaces, pendants, bracelets and earrings and any other Goods supplied by us following your Order; “Bespoke” means Goods custom-made to a particular design specified by the Customer; “Order” means an order made by you for the supply of Goods by us; “Price” means the price of the Goods and any delivery charges relevant to your Order; “our, us, we” means Daynan Designs, its employees, servants, agents or other representatives.
2. Orders
When an Order is placed with us by you, we will send you an email confirmation of the Order when possible. Any discrepancy or query about the online Order must be brought to our attention within 24 hours of receiving the email confirmation by us. If you do not receive your email confirmation from us within 5 days of the Order being made by you, please contact us. If you fail to do so, we shall assume that the terms of the Order are satisfactory and proceed with your Order. We shall reserve the right to charge for any subsequent changes necessary as a result of your failure to check the Order Confirmation.
3. Pricing
We shall confirm the Price of the Goods, inclusive of VAT, ordered plus any delivery charges at the time you place your Order with us. Any delivery charges must be paid in addition to the Price.
4. Payment Terms
Unless agreed otherwise, all payments must be made in sterling and via PayPal, when the order is made online.
5. Delivery
Delivery times for Daynan Designs in stock Goods shall be up to five working days from date of your Order being received and paid for. Out of stock Goods and Bespoke items shall take up to twenty one days, or as advised by us at time of Order, from date of your Order being received and paid for. All items are strictly subject to availability.
6. Title
Title to the Goods provided shall at all times remain with and be vested in Daynan Designs or its assignee until payment of the Order is made in full by you.
7. Product Information
While every reasonable step is taken to ensure that the Goods ordered are as close to the images on our website, please note that our Goods are not mass produced and are made from natural products or handmade materials. Accordingly there may be slight variations in shading and colouring.
8. Design Rights/ Intellectual Property & Copyright
All designs and images are the intellectual property of Daynan Designs. The copying, reproduction or use in any way of such designs and images by any manufacturer, retailer, wholesaler, company, partnership or individual whatsoever shall be an infringement of our design rights and recourse against the parties responsible for the infringement shall be sought by us through the appropriate legal channels.
9. Returns Policy/Cancellation of Order.
You may return the Goods to us if they are faulty, damaged and providing that the Goods are in their original condition. Intimation of return of the Goods must be made to us, by email, within seven days of you receiving the Goods. The Goods must be returned to us no later than ten days after receipt by you of the Goods in their original packaging. Failing such proper intimation, no Returns Policy option shall be available to you. You are responsible for postage charges levied in the return of the Goods unless the item has arrived damaged/faulty. If you wish to exercise this right prior to dispatch of the Goods please email us at julie@daynandesigns.co.uk
10. Jurisdiction and choice of Law
This contract shall be governed by and construed in all respects in accordance with Scots law. Any dispute arising shall be submitted to the courts of Scotland to the exclusion of all others.
11. No Waiver
a. A Waiver under this agreement is only affected if it is in writing and applies only to the party to whom the waiver is addressed and the circumstances for which it is given. No time or indulgence granted by one party to the other shall be considered a waiver of any provision by that party, and no waiver by either party of a breach of this agreement shall be considered a waiver of any subsequent breach of the same or any other provision.
b. Unless specifically provided otherwise, rights arising under this Agreement are cumulative and do not exclude rights provided by law.
12. No Set-Off
The Customer shall not be entitled to withhold payment of any amount payable under this Agreement because of a disputed claim of any nature, nor to retain any monies it owes under this Agreement, by way of set-off or counterclaim.
13. Severability
If any provision of this Agreement is held by any Court or other competent authority to be void or unenforceable in whole or in part, all other provisions of this Agreement, including the remainder of the affected portion, shall continue to be valid.
14. Rights of Third Parties
This agreement is made for the benefit of the parties to it and (where applicable) their successors and permitted assignees and is not intended to benefit, or be enforceable by, anyone else.
15. It is our policy to ensure that you have a secure visit to our website.
We confirm that your personal information will never be passed to any third party agent. Any information used shall only be to charge you for the items that you purchase. All payments shall be made through PayPal. Payments made by credit or debit card taken by us by telephone shall be processed through a PayPal Terminal. All details shall be destroyed once payment has been received.