TERMS & CONDITIONS
Welcome to DIFFUSION by Kate ("DBK")
We would like you to have the best possible experience with us. To find out more about our website please see the Terms and Conditions in detail below.
By using this website you agree to be bound by the Terms and Conditions set out below. If you do not agree to these Terms and Conditions in their entirety you must immediately stop using this website.
The DBK website is provided solely for your personal use.
You may not use this website for any commercial purpose. References in these Terms and Conditions to “we”, “us” and “DBK” are to DBK & Co Limited with registration number [ ],
Registered Address: 95 Howth Road, Howth, Dublin 13, Ireland.
- Online Shopping
- We will take all reasonable care to ensure that all details, prices, photographic representations and descriptions of products appearing on the website are correct at the time when the relevant information was entered onto the system. We have made every effort to display as accurately as possible the appearances, colours, textures or finishes of our products that appear on the website. What you see will depend on your monitor and computer equipment, we are therefore unable to guarantee that the product images are an accurate representation of the actual merchandise. Please refer to our Returns Policy if you are unhappy with your purchase.
- We will not be liable for any reason if the DBK website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of or the entire DBK website.
- Order Process
- All orders that you place on this website will be subject to acceptance in accordance with these Terms and Conditions.
- Non-acceptance of your order may be due to any one or more of the following non-exhaustive reasons:
- The product you ordered is out of stock;
- Our inability to obtain authorisation for your payment;
- We have identified a pricing or product description error;
- There is a system or procurement failure; and
- Failed customer validation checks.
- When you place an order on our website we will email you an acknowledgement detailing the product you have ordered. This email is not an order confirmation or order acceptance from DBK.
- Acceptance of your order and the completion of the contract between you and DBK will take place when your order has been dispatched. We will email you when your order has been dispatched. We reserve the right to dispatch multiple orders separately.
- Our express delivery services are provided by An Post. Express Delivery takes up to 1-2 working days and requires a signature. Please place your order before 12.30pm in order to ensure next day delivery. If An Post is unable to deliver your item, they will leave a delivery notification docket for you. This outlines all the information on how to collect the item(s). You can collect your item(s) from their local delivery units or they can arrange redelivery to the same or alternative address. All items can be tracked using the track & trace option on An Post.
- Please note that your delivery may take longer during sale or other busy periods. We are unable to guarantee delivery earlier than this time frame.
- We will make every effort to deliver goods within the estimated timescales. However, delays are occasionally inevitable due to unforeseen factors or events outside our control, for example extreme weather, a flood or fire. DBK shall be under no liability for any delay or failure to deliver the products within estimated timescales.
- Risk of loss and damage of products passes to you on the date when the products are delivered to you.
- We will notify you of the delivery cost at the time we acknowledge your order. For bespoke or special delivery items a separate communication of delivery cost may be made. For details of our delivery charges, please refer to our 'Delivery & Returns' section.
- We currently deliver to the island of Ireland only, but we will accept orders from customers living outside of Ireland.
- You may receive your order in two separate packages, from the same order. In this case it is imperative to send your returns to the address on the respective package to ensure your return items to the correct DBK dispatch destination.
- Order Cancellation
- If, for any reason, you wish to cancel any order you have placed and it has not been dispatched, please contact our DBK Customer Service team at email@example.com.
- It is our policy to try to process orders immediately; however, it may not always be possible to stop an order from being dispatched. After dispatch our Returns Policy will apply. Please note that your right to return goods does not apply to certain products as set out in our Returns Policy.
- We will refund or exchange any item you are not completely happy with if you return it to us within 14 days of the item being delivered to your nominated address. Please return items in their original condition, unused, in their original packaging, with garment tags and ‘do not remove tag’ still attached. Please do re-use the delivery packaging provided; it has been especially designed for you to do this.
- How to return or exchange:
You can return items to DBK by post within 14 days of receipt of your order. Please note items must be returned within this time-frame and be in a saleable condition. This means returning the item(s) to us in its original condition, unused, in its original packaging, with garment tags and ‘do not remove tag’ still attached.
Once we have received the item(s) a refund will be issued to your credit/debit card. This will appear on your account within five to ten days depending on your card issuer.
If you have any queries about returning items please contact our DBK Online Customer Services team at firstname.lastname@example.org.
- Postal returns
To return items by post, please use the returns label provided on the back of your dispatch invoice. It is advisable for you to obtain proof of postage as we will not be held responsible for lost or damaged item(s) through the post.You may receive your order in two separate packages from the same order. In this case it is imperative to send your returns to the address on the respective package to ensure your return items to the correct DBK dispatch destination.
- Product Availability/Information
- The material displayed is provided by way of information only, except in relation to the description of goods available to purchase online.
- The information and materials contained in this website are provided without warranties of any kind, either express or implied, and liability is excluded to the fullest extent permissible under Irish Law.
- We feature products that have been carefully selected for sale on the DBK website. Once an item is sold out it will be taken off the website at the earliest opportunity and may not be available again. Prices of products may change from time to time. Goods are subject to availability. As there is a delay between the time when your order is placed, and the time when the order is accepted, the stock position relating to particular items may change. If an item you have ordered becomes out of stock before we accept the order we shall notify you as soon as possible and you will not be charged for the out of stock items.
- Pricing Policy
- All prices are inclusive of VAT (where applicable) at the rate appropriate and correct at the time of entering the information onto the system. Prices may change and offers may be withdrawn at any time.
- Although we try to ensure all our prices displayed on our website are accurate, errors may sometimes occur. If we discover an error in the price of an item you have ordered we will contact you as soon as possible. You will have the option to reconfirm your order at the correct price or cancel it. If we are unable to contact you, we will treat your order in respect of the incorrectly priced item as cancelled.
- Copyright Policy
- The information, content, graphics, text, sound, images, buttons, trademarks, service marks, trade names and logos (the “Materials”) contained in this website are protected by copyright, trademark, database right, sui generis right and other intellectual property laws under national laws and international treaties.
- Copyright and other intellectual property rights in any communications, ideas, or other materials submitted or offered to us by you through, on or by this website, unless specifically requested by us, shall become our property. You agree that submissions by you to this website must not risk infringing any right of any third party and in addition, you agree that no submissions by you to this website will be or contain libellous or otherwise unlawful, abusive or obscene material or constitute an invasion of privacy. As such, you are and shall remain solely responsible for the content of any submissions you make to the website.
- You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. Accordingly, we suggest that you do not use the DBK website to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
- Nothing contained in these Terms and Conditions shall be construed as conferring any licence or right to use any trademark, design right or copyright of the DBK website.
- Member Account Password and Security
Registering and using the DBK website may involve you setting up an account and giving a password. You are fully responsible for maintaining the confidentiality of your account and the password, and all activities that occur under your account or password. You agree to immediately notify us of any unauthorised use of your account or password and any breach of security or misuse or suspected breach of security or misuse of the service, and ensure that you exit from your account at the end of each session if you use a shared computer. DBK cannot and will not be liable for any loss or damage arising from your failure to comply with this.
- Content and Activity Prohibited
- Please choose carefully the information you post on the DBK website and that you provide to other users. You must not misuse the DBK website. You will not: send or otherwise post unauthorised commercial communications to users (such as spam); upload viruses, trojans, worms, logic bombs or other malicious code; corrupt data; cause annoyance to other users; post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence; use the DBK website to do anything unlawful, misleading, malicious or discriminatory; facilitate or encourage any violation of these Terms and Conditions.
- We reserve the right, in our sole discretion, to reject, edit or refuse to post any content and to remove any content from the DBK website, whether or not the content is expressly prohibited by these Terms and Conditions, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.
- Liability, Indemnity and Warranties
- The DBK website is available to all users “as is” without any representations or warranties of any kind, either express or implied. DBK makes no representations, warranties or undertakings about any of the materials on this website (including without limitation their accuracy, their completeness or their merchantability, quality or fitness for any particular purpose) or any content of or information on any other website referred to or accessed by hypertext link or otherwise through this website or from which this website is referred to or accessed by hypertext link or otherwise.
- DBK shall not be liable for any direct, special, incidental, indirect or consequential damages including loss of profit or loss of opportunity that result from the use of, or the inability to use, the material on this website, the performance of the product purchased through the website, the conduct of other users of this website and/or facilities or services offered through this website even if DBK has been advised of the possibility of such damages.
- The DBK website may also contain links to other websites, which are not operated by DBK. When you activate any of these you will leave the website and we have no control over, and will accept no responsibility or liability in respect of, the material on any website which is not under our control.
- You agree to indemnify us and our agents and officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by you.
- We may terminate your use of the website immediately if we consider that you have breached these Terms and Conditions.
- Comments and Complaints Procedure
Please contact us if you have any comments or complaints. For queries contact DBK Online Customer Services team at email@example.com. We will always endeavour to resolve any dispute as swiftly as possible.
- Privacy and Use of your Data
- Linking to Website
- You must not establish a link to this website to suggest any form of association, approval or endorsement on our part where none exists or establish a link from any website that is not owned by you.
- Our website must not be framed on any other site, and you may not create a link to any part of this website other than the home page
The website is controlled and operated in Ireland. Any terms and conditions concerning the usage of this website will be governed by the laws of Ireland and any dispute concerning use of this website will be determined exclusively by the Irish Courts.
- Gift Vouchers
The DBK Gift Voucher Terms and Conditions
(i) The DBK Gift Voucher is not a credit card, charge card, or cheque guarantee card.
(ii) Valid DBK gift vouchers may only be used as full or part payment for goods online.
(iii) Please note the DBK Gift Voucher for expiry date details, when any unused value will be lost. Validity can be extended online prior to expiry.
(iv) The gift voucher is non-refundable and may not be exchanged for cash.
(v) Any residual balance on the gift voucher following purchase of goods will remain on the gift voucher while the gift voucher is valid, to apply towards future purchases. DBK reserves the right to amend these terms and conditions.
- If you have a query about a Gift Voucher Customer Service team at firstname.lastname@example.org.
- Correspondence Address: 95 Howth Road, Howth, Dublin 13.
- Our Gift Voucher Returns and Refund policy complies with EU distance-selling regulations (2000), which outlines your rights to cancel your order.
- If you wish to cancel an order, written notice by email must be given with 7 working days after the day an item is received.
- In accordance with EU Law, the cost of both original and return postage and packing shall be borne by the customer and deducted from any refund.
- Refunds will be paid within 30 days of receiving the written notice of cancellation.
- Your statutory rights are not affected.
We may change these Terms and Conditions at any time. If any of these Terms and Conditions are invalid or unenforceable, the remainder of these Terms and Conditions shall continue to have full force and effect.
We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.
If you breach these Terms and Conditions and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach.
DBK reserves the right to amend, remove or vary the Services and/or any page of this Website at any time and without notice.
- Entire Agreement
These Terms and Conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and DBK. Any waiver of any provision of the Terms and Conditions will only be effective if in writing and signed by a Director of DBK.
- Our Details
DBK, Registered in Ireland, Registered Address: 95 Howth Road, Howth, Dublin 13, Ireland. For online queries please contact DBK at email@example.com.