Terms and Conditions of Purchase
- These terms
- These terms and conditions relate to any products supplied to you through this website, by telephone or other electronic means (the “Site”) by CI Cellar Management Limited (trading as [Dayzed]), (“we”, “us” or “Dayzed”) to you, the customer or Site user (“you”). We are registered in Jersey under company number  at [17 West Park Avenue, St Helier, Jersey, JE2 3PJ].
- These terms and conditions together with the receipt of order and dispatch emails we send to you will form the agreement between you and us (the “Agreement”).
- These terms and conditions may be varied by us at any time by posting amended terms and conditions on the Site. The terms and conditions which apply to your purchase will be those terms and conditions applicable at the time of the purchase.
- Please see the Site which explains how to place an order. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
- After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted.
- We will confirm our acceptance of your order to you by sending you a despatch confirmation e-mail that confirms that the products have been dispatched (“Confirmation”). The Contract between us will only be formed when we send you the Confirmation.
- If we are unable to supply you with a product, for example because that product is not in stock or no longer available, because we cannot meet your requested delivery date or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the products, we will refund you the full amount including any delivery costs charged as soon as possible.
- Our Site is available for your personal (non-commercial) use only and we reserve the right to reject or cancel your order at any time and for any reason, for example if we believe you are ordering our products for re-sale purposes.
- CBD Products
- The Site offers Cannabidiol (“CBD”) products for sale for personal use only and not for resale.
- CBD products may be sold in the UK if the tetrahydrocannabinol (“THC”) content within the CBD used in the product is less than 0.2%. We have tested all of the products sold via the Site for the applicable THC content.
- We do not assert or claim any health, wellness or medical benefit from CBD products nor do we provide any advice as to the appropriate use of CBD products.
- It is possible that CBD may produce an allergic reaction and before using any CBD product you should consult with and seek the advice of a qualified medical professional.
- Payment and Prices
- At the time you place an order, you must give authority for payment. We may take payment from you at any time between you placing the order and us accepting your order.
- The prices payable for the items that you order are clearly set out on the Site. If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price provided that we notify you of this before we accept your order.
- The price of a product listed does not include delivery charges.
- All prices are expressed as being inclusive of any VAT payable (if any) unless otherwise stated.
- Availability, Products and Offers
- Any order you may place with us is subject to availability of the products ordered. We cannot and do not guarantee that any item shown on the Site will be available continuously or at any given time.
- If for any reason beyond our reasonable control, we are unable to supply a particular item, we will not be liable to you except to ensure that you are not charged for that item.
- The packaging of the products may vary from that shown on images on our site.
- The images of the products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the products. Your products may vary slightly from those images.
- From time to time, we may offer certain offers on our Site. Any offers will be subject to the following additional terms:
- we reserve the right to limit offers to 1 order per customer;
- all offers are subject to availability and while stocks last;
- offers are non-transferable;
- offers may not be used in conjunction with any other offer;
- we reserve the right to withdraw any offer at any time.
- At the time you place an order we may not be able to provide an exact date of delivery. In those circumstances we will endeavour to provide you with an approximate delivery time when you place the order and we or our delivery partners will contact you again when we are able to specify a date.
- We will endeavour to provide delivery of items within the United Kingdom if ordered before [6PM] within two working days but we are not able to guarantee any specific delivery date. We will not be liable if we fail to do so in part or in full due to circumstances beyond our control.
- Our delivery charges will be set out on the Site.
- Whilst we will use reasonable endeavours to deliver the items by the agreed date, we will not be liable for any failure to deliver on the stated date or at the stated time.
- Delivery will be made to the address specified by you on the completed order form. Our delivery charges will be specified at the time the order is placed.
- International Delivery and Use
- The Site is offered only to users in the United Kingdom and we do not offer delivery other than to the United Kingdom.
- Please note that if you purchase a CBD product this may be a controlled substance in some territories and we strongly advise against travelling with the product or sending the product outside of the United Kingdom unless you have taken appropriate advice. You agree to comply with all applicable laws and regulations and we will not be liable or responsible if you breach any such law.
- Your Right to Cancel
- Please see our Returns and Cancellation Policy which explains your right to cancel a contract for the purchase of products (for any reason) and how you can exercise that right.
- Personalised or perishable items or items with a hygiene element may not be returned unless they are defective.
- Under the Consumer Rights Act 2015 any products supplied must be as described, fit for purpose and of satisfactory quality.
- If you wish to exercise your legal rights to reject faulty products you must tell us within a reasonable time of discovering the defect (and if the defect is reasonably apparent then you must tell us as soon as possible and in any case within 30 days). You will then need to return the product in person, post it back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection.
- Our Liability
- If you are not dealing as a consumer (within the meaning of the Consumer Rights Act 2015), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
- If you are a consumer your statutory rights are not affected by any of these terms and conditions.
- Any claim by you which is based on any defect in the quality of the products supplied or their failure to correspond with specification must be notified to us as soon as possible from the date of delivery and in any case, within 30 days of delivery or where the defect or failure was not apparent on reasonable inspection, within a reasonable time after discovery of the defect or failure. If you do not notify us accordingly, you will not be entitled to reject the products and we shall have no liability for such defect or failure.
- If the goods purchased are of unsatisfactory quality, unfit for purpose or not as described (‘defective’) and you notify us within 30 days of delivery then you are entitled to cancel your order and receive a refund. After this 30 day period you are entitled to a repair or replacement of defective goods, but if you notify us that the goods are defective more than six months following delivery then we are entitled to require that you demonstrate that the products were defective on delivery.
- If a product supplied is defective, we will replace or repair the items free of charge or refund to you the price of the item (see above for more information), but we shall have no further liability to you.
- We are responsible to you 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 breaching this contract 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 might happen or if, at the time the contract was made, both we and you knew it might happen.
- We are not liable for business losses. We only supply the products 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, loss of data (other than personal data) or loss of business opportunity.
- Except as explained above and as set out in 9.9 below, our liability under or in connection with these terms and conditions is limited to the price of the items supplied.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you; of satisfactory quality; fit for purpose; and for defective products under the Consumer Protection Act 1987.
- This Agreement will be subject to the laws of England and Wales unless you are ordering from a European Union country outside of England and Wales and you are relying on compulsory consumer rights in that country.
- We will try to solve any disagreements quickly and efficiently however if you are not happy with the way we deal with any disagreement and you wish to proceed to court proceedings, you must do so within England and Wales.
- If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase products.
- We may transfer our rights and obligations under the Agreement to another organisation, but this will not affect your rights or our obligations under the Agreement.
- The Agreement is between you and us. No other person shall have any rights to enforce any of its terms
- Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- If we fail to insist that you perform any of your obligations under the Agreement, we do not enforce our rights against you or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
- We shall not be responsible for any breach of the Agreement caused by circumstances beyond our reasonable control.
- If you have any queries or wish to make any complaints about us or our products please contact [insert relevant email address] or write to us at our office at [address]. If we have been unable to resolve your complaint or dispute please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform which is available here:
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
- Permission is granted to temporarily download one copy of the materials (information or software) on DAYZED’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on DAYZED’s website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by DAYZED at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- The materials on DAYZED’s website are provided on an ‘as is’ basis. DAYZED makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
- Further, DAYZED does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
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:
- death or personal injury resulting from our negligence;
- fraud or fraudulent misrepresentation;
- your key legal rights described below;
- defective products under the Consumer Protection Act 1987; or
- any other liability that cannot be excluded or limited by English law.
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