Terms & Conditions
Welcome to the Wild Damson website. Wild Damson provides the services available on the website to you subject to the following terms and conditions. By accessing or using the website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these terms and conditions.
This contract shall be concluded in English.
All prices indicated for products available via the website are inclusive of all UK taxes (where applicable) at the current rates and are exclusive of delivery charges. The total cost of your order is the price of the products ordered and delivery charges as set out.
We will take all reasonable care to ensure that all details, descriptions, and images of products appearing on the website are correct at the time when the relevant information was entered onto the system. However, to the extent permitted by applicable law, we do not warrant that the product descriptions, colours or other content available on the website are accurate, complete, reliable, current, or error-free. Although we aim to keep the website as up to date as possible, the information including product descriptions appearing on this website at a particular time may not always reflect the product exactly at the moment you place an order. We cannot confirm the price of a product until your order is accepted in accordance with our order acceptance policy.
Purchase Related Policies
The products and services available on the website are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our terms and conditions.
For additional policies related to orders placed through this website (such as delivery, returns and cookie and privacy policies), please see elsewhere.
Placing an Order and Order Acceptance
You will be guided through the process of placing an order by a series of simple instructions on the website. You will be offered the opportunity to review your proposed order and confirm or correct it prior to finally placing your order. You place your order request for goods from the Wild Damson website by clicking on the 'Make Payment' button at the end of the on-line order process.
Once you have placed your order, we will send to you an email acknowledgement providing you with the details and value of your order, which has been debited to your credit/debit card. This is not an order acceptance from Wild Damson.
Unless we have notified you that we do not accept your order or you have cancelled your order, our acceptance of your order and the completion of the contract between you and us will take place when we have dispatched the goods ordered by you. To cancel your order after it has been dispatched to you, you will need to follow our returns policy.
We may not accept your order if an item you have ordered is out of stock, we are unable to obtain authorisation for your payment, we suspect fraudulent activity or violation of these terms and conditions or if we identify a product or pricing error.
If we are unable to fulfil your order following our order acknowledgement, we will contact you by email or telephone advising you of this.
You may pay using any of the methods specified in the payment section of this website. You confirm that the credit or debit card that is being used is yours.
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or does not, for any reason, authorise payment to us, whether in advance or subsequent to a payment, we will not be liable for any delay or non-delivery.
Title to Goods
We will retain the legal ownership of the goods until full payment has been made by you and such payment has been received by us. Legal ownership of the goods will immediately revert to us if we refund any such payment to you.
Risk of Loss
Risk in the goods will pass to you upon delivery to you.
We will deliver the goods in accordance with the delivery option selected by you during the order process. Any delivery timescales quoted to you are indicative only. Orders may be delivered in one or more parts. We do not accept any liability whatsoever for delayed delivery caused by any third party.
Acceptance of Goods
Upon receipt, you must inspect the goods. You will be deemed to have accepted the goods unless you notify us that you have cancelled the order and/or you return the goods in accordance with the returns policy. If no such action is taken, we shall not be obliged to accept any rejection of the goods at a later date. Your statutory rights are not affected.
All content available on the website, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (collectively, the "Content") is the property of Wild Damson, its affiliates, partners or licensors, and is protected by UK and international copyright laws. The trademarks, logos, and service marks displayed on the website (collectively, the "Trademarks") are the registered and unregistered marks of Wild Damson, its affiliates, licensors or partners, in the UK and other countries, and are protected by UK and international trademark laws. All other Trademarks not owned by Wild Damson, its affiliates, partners or licensors that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Except as required under applicable law, neither the content, the trademarks, nor any other portion of the website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without the prior written consent of Wild Damson.
All content available on the website, including, but not limited to, text, graphics, logos, button. We grant you a limited, revocable, and non-exclusive licence to access and make personal use of the website. This limited licence does not include the right to: (i) frame or utilise framing techniques to enclose the website or any portion thereof (ii) modify or download the website or its contents (except caching or as necessary to view content); (iii) make any use of the website or its content other than personal use; (iv) create any derivative work based upon either the website or its content; (v) collect account information for the benefit of another party; (vi) use any meta tags or any other "hidden text" utilising our name or the trademarks; or (vii) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
We also grant you a limited, revocable, and non-exclusive licence to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to our website (i) may link to, but not replicate, our content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any trademark without express written permission; and (vii) may not link to any page of the website other than the home page. We may, in our sole discretion, request that you remove any link to the website, and upon receipt of such request, you shall immediately remove such link. Any unauthorised use by you of the website terminates the limited licence set forth in this Section without prejudice to any other remedy provided by applicable law.
Your obligations and responsibilities in the access or use of the website, you shall comply with these terms and conditions and the special warnings or instructions for access or use posted on the website. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the website or any content or services that may appear on this website and may not impair in any way the integrity or operation of the website. Without limiting the generality of any other provision of these terms and conditions, if you default negligently or wilfully in any of the obligations set forth in these terms and conditions, you shall be liable for all the losses and damages that this may cause to Wild Damson, its affiliates, partners or licensors.
You are responsible for ensuring that the personal information you provide to us is up to date. If your personal information changes then please notify us immediately by contacting Wild Damson.
Alternatively, you can update your details through the checkout page.
You are responsible for maintaining the confidentiality of your account and password and for taking all reasonable measures to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your password has become known to somebody else, or is likely to be used in any way that is unauthorised by you, you should contact us immediately. If you forget your password we will reset it upon your request and send it to the email address, which you specified when you registered. Your account can be cancelled at any time by contacting Wild Damson.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use. We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these terms and conditions or if we decide, in our sole discretion, that it would be in the best interests of Wild Damson to do so.
Third Party Links
We are not responsible for the content of any off-website pages or any other website linked to or from the website. Links appearing on the website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other website linked to or from the website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and website, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
It is our policy to decline unsolicited suggestions and ideas. Any solicited or unsolicited enquiries, feedback, suggestions, ideas or other information you provide us (collectively, "Submissions") will be treated as non-proprietary and non-confidential. By transmitting or posting any Submission, you hereby grant us a non-exclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with your claims to any rights in any Submission.
When you transmit, upload, post, email or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials ("User Content") on the website, you are entirely responsible for such User Content. Such User Content constitutes a Submission. This means that all third parties, and not we, are entirely responsible for all User Content that they post to the website. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the website User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam." You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) "stalk" or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) collect or store personally identifiable data about other users.
We do not endorse or control the User Content transmitted or posted on the website and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the website, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the website.
You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these terms and conditions, we have the right to remove any User Content that violates these terms and conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these terms and conditions or infringe the rights of others.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable solicitors’ fees, resulting from any third-party claim, action, or demand resulting from your use of the website. You also agree to indemnify us for any loss, damages, or costs, including reasonable solicitors’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
If you wish to complain about any matter in respect of the goods please contact Wild Damson.
Your use of this website and any purchase by you of any goods from Wild Damson shall be governed by English law and the parties hereto submit to the exclusive jurisdiction of the English courts.
If you have any questions regarding these terms and conditions, please contact Wild Damson.