Terms and Conditions of Purchase
TERMS OF SERVICE
By accessing the website at http://dayzed.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
2. Use License
In no event shall DAYZED or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on DAYZED's website, even if DAYZED or a DAYZED authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Accuracy of materials
The materials appearing on DAYZED's website could include technical, typographical, or photographic errors. DAYZED does not warrant that any of the materials on its website are accurate, complete or current. DAYZED may make changes to the materials contained on its website at any time without notice. However DAYZED does not make any commitment to update the materials.
DAYZED has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by DAYZED of the site. Use of any such linked website is at the user's own risk.
DAYZED may revise these terms of service for its website at any time without notice. By using this website, you are agreeing to be bound by the then current version of these terms of service.
8. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of UK and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
What do these Terms cover?
The terms and conditions shown on this page, together with the documents and other webpages referred to on it (collectively, the “Terms”) govern:
your purchase and our supply of any of the goods (“Products”), including by way of a subscription, listed on our website www.dayzed.com (“our Site”) from time to time; and your access and use of our Site, (collectively, the “Services”).
Why should you read these Terms?
The Terms create a legally binding agreement between you and us that governs your purchase of any Products from us via the Site (your “Order”).
You have to confirm that you can enter the agreement outlined in these Terms:
By clicking to confirm during the checkout process, you agree that you accept these Terms and promise to us that you have the right, authority, and capacity to enter into these Terms. If you use the Site, but don’t make an Order, you accept these Terms (as they relate to your use of the Site) by accessing or using the Site.
Our Services are for consumers only:
We only supply our Services for non-commercial, non-business, private use by Consumers. By accepting these terms you promise to us that you are a consumer and not acting in the course of a business.
Information about DAYZED and our contact details:
“DAYZED” is the trading name of C.I Cellar Man Ltd, a company registered in Jersey under company number 101950
Our registered office is 17 West Park Avenue, St Helier, Jersey, JE2 3PJ
You can contact us by writing to us at email@example.com
How we may contact you:
If we have to contact you we may do so by email, post or telephone to the address/phone number you provided when you went through the checkout process on our Site or that is registered on your account.
How our contract is formed:
Our acceptance of an Order occurs when we send you a confirmation email and give you an order number. It is at this point that a contract between you and us will come into existence – as noted above, this contract is governed and conditioned by these Terms.
Although you can go through the order process as a guest, you may choose to register for an account on our Site (“Account”). Registering for an account will allow you to benefit from increased functionality and features. If you choose to register you will have to provide certain information about yourself as prompted by the account registration form.
Accurate and up-to-date Information:
If you do create an Account, all the registration information you submit should be truthful and accurate. If for any reason any information you submit becomes untruthful, inaccurate and/or incomplete, you should update that information to maintain its accuracy.
What to do if you want to delete your Account:
You can delete your Account at any time, for any reason, by following the instructions on the Site.
You are responsible for your Account:
You are responsible for maintaining the confidentiality of your Account log-in information (including, for example, your password). Accordingly, you are responsible for all activities that occur under your Account.
What to do if you become aware of, or suspect, unauthorised use of your Account:
You should notify us immediately if you suspect or become aware of any unauthorised use of your Account or any other breach of its security.
Our prices on our UK website are in GBP and include all taxes (for example, our prices include VAT at the rate that is in force on the date you make a payment). The price that you will actually pay in respect of any Order will be the amount shown to you at the checkout page.
Dayzed reserves the right to change the prices shown for the Products at any time.
Payment can occur by listed means only:
You can pay for your purchase by all means listed from time to time as available on the Site. The account associated with your payment method will be charged at the time the Order is accepted. We are not responsible to you for any losses that you might suffer as a result of trying to pay for an Order by any other means than those offered on the Site.
You authorise us to charge your payment card account:
By submitting an Order and providing us your payment card details at checkout, you fully authorise Dayzed to use those payment card details to pay for your Order and that such payment means legally giving access to sufficient funds to cover all costs of the Order. Dayzed cannot be held liable for any fraudulent use of the payment method used.
Dayzed reserves the right to suspend or cancel any Order and / or delivery if you do not make the necessary payment to us when it is due – for example, the payment card details you entered at checkout are incorrect or the payment card account they relate to does not have sufficient funds to cover your Order. The delivery of any new Order may be suspended in case of late payment of a previous Order, notwithstanding the provisions hereof.
Store your own records:
It is up to you to save and print the certificate of payment if you want to keep the banking details of your Order – we won’t store these for you.
What happens if a Product in your Order is unavailable? In case of unavailability of one or more Products after placing the Order, we will notify you by email or telephone. The amount of the Order will be recalculated and you will be charged the new amount, which will be: your original Order value, less the value of the missing Products. If the Order is entirely unavailable, we will notify you by email or telephone and your payment card account will not be charged for that Order (or it will be refunded if it has already been charged).
We are not liable for Product unavailability. In case of unavailability of Products before or after Order, (subject to the “Our liability” section of these Terms) Dayzed will not be liable for any loss you suffer nor liable to you for any damages as a result of the unavailability of such Product(s), to the fullest extent permitted by law.
How long does my subscription last:
If you sign up to a subscription service for our Products the subscription shall continue until it is cancelled by us or by you.
How do I cancel my subscription:
You can cancel your subscription at any time by contacting us at firstname.lastname@example.org or by following the instructions on the Site. Please note that if you cancel your subscription within 5 days of your next subscription payment date, you shall be charged that subscription amount and the contract shall cancel thereafter.
Change of Address:
It is your responsibility to ensure that the address we have for you is the correct one. Should your address change during a subscription you must notify us of such change, if the change is notified to us within 5 days of a subscription payment whilst we will do our best to process the change we cannot guarantee that it will be processed in time for the next immediate shipment.
If you are not entirely happy with your Dayzed purchase you have 28 days to let us know by e-mailing email@example.com Please note that it may take up to 7 days for your bank to credit your account. We are not liable, and cannot take responsibility for, any bank charges that you may incur during the refund process.
Any refund you are eligible for will be paid when the collection has been made and our quality control teams have assessed the Products for any damage and confirmed they are unused and unopened.
Intellectual Property Licence:
Subject to these Terms (in particular, the restrictions outlined in the following section), Dayzed grants you a licence to use and access the Site on the basis that this licence is:
not a commercial licence – you can only access and use the Site for your own personal, non-commercial uses (i.e., not for your business);
non-transferable – you can’t pass this right to someone else;
non-exclusive – other people can access and use the Site;
revocable – we have the right to remove your ability to use the Site in accordance with these Terms; and
limited – the licence does not extend beyond what has just been described above.
The rights granted to you in these Terms are subject to a number of important restrictions, particularly relating to how you access and use the Site and Daye’s property that is comprised in the Site. In particular, you agree that your use of the Site is subject to the following restrictions:
you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site;
you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site, otherwise that as permitted by applicable law for interoperability purposes;
you shall not access the Site in order to build a similar or competitive website, product, or service; and
except as expressly stated in these Terms, you agree that no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.
Unless otherwise indicated, any future release, update, or other addition to functionality or content of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.
You acknowledge and agree that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Site, any content shown on the Site, and on the Products themselves, are owned by Dayzed or Dazed’s suppliers. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, ownership or similar interests in or to such intellectual property rights in the Services, except for the limited access rights expressly set forth in this section (Intellectual Property). Dayzed and its suppliers reserve all rights not granted in these Terms. There are no implied licences granted under these Terms.
All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
We are responsible to you only for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time these Terms are entered into and both we and you knew it might happen during the Services.
What we do not exclude. Nothing in these Terms shall limit or exclude our liability for:
We are not liable for business losses. We only supply the Products and the Services for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We are not liable for events outside our control. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission accident or Act of God beyond our reasonable control. Our performance of the Services is deemed to be suspended for the period that the Force Majeure Event continues, 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 Force Majeure Event to a close or to find a solution by which our obligations under the Terms may be performed despite the Force Majeure Event.
We are not liable where you use the Products outside their intended use. Should you use the Products in a manner which is not their intended use or, or what would be regarded as their intended use, or in accordance with recommendations then we shall not be liable for any loss suffered.
We are not responsible for any indirect or consequential loss. Notwithstanding the foregoing, except as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify us of under this condition, and we will have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the Products.
No limitation of statutory rights. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable United Kingdom law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
Responsibility for suitability and CBD:
You are responsible for ensuring that all items sold to you are appropriate for your use and do not contain any substances that may cause you harm (i.e. allergies/ negative reactions). Some of our Products contain CBD oil and it is your responsibility to ensure the appropriateness of using such product for you, if you are unsure you should consult your physician.
Our right to vary these terms and conditions:
From to time to time, we may make changes to the Services or these Terms:
to improve or enhance any feature(s) of the Services; to ensure the ongoing viability of the Services; to reflect changes in relevant laws and regulatory requirements; and to implement minor technical adjustments and improvements, for example to address a security threat.
More significant changes:
In addition, we may make certain more significant changes to the Services or these Terms, but if we do so and we consider these changes will materially or adversely affect you or your rights, we will notify you of such changes.
The timing of any significant changes:
The Terms that will apply to your purchase of any Products will be those that are in force at the time you place your Order, unless:
Any changes we subsequently make to these Terms or the Services have been required by law or governmental authority (in which case it will apply to orders previously placed by you); or
if we have notified you of a change to the Terms that apply and will materially affect your Order before we send you the delivery confirmation and you have confirmed that you wish to proceed with your Order.
Terms last updated 27 August 2019