Terms & Conditions

 

Introduction

1.1 These terms and conditions govern your use of our website.

1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3 If you register with our website or make a purchase on our website, we will ask you to expressly agree to these terms and conditions.

1.4 You must be at least 18 years of age to use our website; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

1.5 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

 

Copyright notice

2.1 Copyright (c) [2017] [Dryzem Ltd].

2.2 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

 

Licence to use website

3.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(c) print pages from our website;

(d) stream audio and video files from our website; and

(e) use our website services by means of a web browser,

subject to the other provisions of these terms and conditions.

3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

3.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(c) show any material from our website in public;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website.

3.6 Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to [any person.

3.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

 

Acceptable use

4.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e) access or otherwise interact with our website using any robot, spider or other automated means;

(f) violate the directives set out in the robots.txt file for our website; or

(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

4.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

 

Registration and accounts

5.1 [To be eligible for an individual account on our website under this Section 6, you must be at least 18 years of age and resident in the United Kingdom.

5.2 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.

5.3 You must notify us in writing immediately if you become aware of any unauthorised use of your account.

5.4 You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.

 

Your content: licence

6.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

6.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to this website.

6.3 You grant to us the right to sub-license the rights licensed under Section 9.2.

6.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.

6.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

6.6 You may edit your content to the extent permitted using the editing functionality made available on our website.

6.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

 

Your content: rules

7.1 You warrant and represent that your content will comply with these terms and conditions.

7.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

7.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime[, instructions for the commission of a crime or the promotion of criminal activity];

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) depict violence, in an explicit, graphic or gratuitous manner;

(m) be pornographic, lewd, suggestive or sexually explicit;

(n) be untrue, false, inaccurate or misleading;

(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p) constitute spam;

(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r) cause annoyance, inconvenience or needless anxiety to any person.

 

Report abuse

8.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.

8.2 You can let us know by email.

 

Limited warranties

9.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date; or

(c) that the website or any service on the website will remain available.

9.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent that these terms and conditions expressly provide otherwise, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

9.3 To the maximum extent permitted by applicable law and subject to Section 13.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

 

Limitations and exclusions of liability

10.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law.

10.2 The limitations and exclusions of liability set out in this Section 13 and elsewhere in these terms and conditions:

(a) are subject to Section 13.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

10.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

10.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

10.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

10.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

10.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

10.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

 

Breaches of these terms and conditions

11.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website;

(c) permanently prohibit you from accessing our website;

(d) block computers using your IP address from accessing our website;

(e) contact any or all your internet service providers and request that they block your access to our website;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) suspend or delete your account on our website.

11.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

 

Third party websites

12.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

12.2 We have no control over third party websites and their contents, and subject to Section 12.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

 

Variation

13.1 We may revise these terms and conditions from time to time.

13.2 The revised terms and conditions will apply to the use of our website from the date of their publication on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of the terms and conditions. / We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.

13.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

 

Assignment

14.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

14.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

 

Severability

15.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

15.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

Third party rights

16.1 These terms and conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.

16.2 The exercise of the parties’ rights under these terms and conditions is not subject to the consent of any third party.

Entire agreement

17.1 Subject to Section 13.1, these terms and conditions, together with our privacy and cookies policy, constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements between you and us in relation to your use of our website.

Law and jurisdiction

18.1 These terms and conditions shall be governed by and construed in accordance with English law.

18.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

Statutory and regulatory disclosures

19.1 We are subject to data protection scheme, which is supervised by Information Commissioners Office.

19.2 We are registered as CAJCOM Ltd with companies’ house in the United Kingdom and are subject to the rules and laws which govern England.

19.3 Our VAT number is GB200258951.

Our details

20.1 This website is owned and operated by CAJCOM Ltd.

20.2 We are registered in England and Wales under registration number 9103893, and our registered office is at 11 Chandlers Way, South Woodham Ferrers, Essex, CM3 5TB

20.3 Our principal place of business is at 11 Chandlers Way, South Woodham Ferrers, Essex, CM3 5TB

20.4 You can contact us by writing to the business address given above, by using our website contact form, by email to sales@dryzem.com.

WARRANTY

We provide a free of charge warranty on our products.  This means that, in the event that your Product is found to be mechanically defective within the Warranty Period, we will arrange for it to be (at our discretion) repaired or replaced free of charge including all parts and labour, subject to the terms and conditions set out below.

 

1. Remedies available to you

1.1    If your Product develops a mechanical defect during the Warranty Period, in order to make a claim under this warranty you will need to contact us at sales@dryzem.com within 30 days of you becoming aware of the relevant defect and, at the same time, provide us with the Relevant Information. Failure to notify us within this timeframe may invalidate any such warranty claim.

1.2    Once we have verified that your warranty is valid, we will provide you with information about how to return the Product to our warehouse for inspection/testing, the cost of which is initially covered by Dryzem Limited (Company No.9103893). In order to take advantage of your rights under this policy, you must contact us to obtain a return authorisation number, and then send the products to us in their original packaging, along with a covering note quoting the authorisation number and a copy of your original order confirmation.

1.3    If, once we have inspected/tested the Product, we consider that (in our sole opinion) the warranty claim is substantiated based on these terms and conditions, we will either (at our discretion):

1.3.1    repair or replace the defective Product (or part thereof); or

1.3.2    where such Product (or part thereof) is no longer available, provide such alternative product (or part thereof) as shall have an equivalent functionality to the defective Product (or part thereof); or

1.3.3    If no equivalent product is available, we will refund to you a fair and reasonable amount which shall not exceed the amount paid or payable by you in respect of the Product. We reserve the right to deduct an appropriate amount from the value of the Product in respect of the period of use already enjoyed.

1.4    In the event that we discover your product is not defective, you will be responsible for the cost of transportation of the Product to and from our warehouse, billed at the cost that we have incurred. We will not in any circumstances be responsible for the cost of transportation of any Product (either to or from our warehouse) which we do not consider to be subject to a valid warranty claim.

1.5    All replaced spare parts and Products, which are not returned to you, shall become the property of Dryzem Limited (Company No.9103893).

1.6    If any Products are repaired or replaced under this warranty, the warranty cover will remain in force for the then unexpired proportion of the original Warranty Period (i.e. from the original Date of Dispatch) and the warranty will not re-start from the date of repair or replacement.

1.7    For the avoidance of doubt, the above remedies shall be your sole remedies hereunder or otherwise, save that any consumer statutory rights available to you in these terms and conditions.

 

2. What’s not included?

The following indicative list of circumstances shall not be covered by our warranty.  The following list is not intended to be exhaustive and the warranty is only offered within the scope defined in this document.

  • Damage caused by external factors such as fire, theft, and weather (including lightning damage);
  • Incorrect, careless or inappropriate handling or installation of the Product; use of the Product in any circumstances of service other than for which the Product was designed; accidental damage; neglect; failure to properly maintain the Product or the unauthorised repair of the Product; any other failure to follow the Product manufacturer’s instructions; fair wear and tear; acts of vandalism or deliberate damage or damage in transit;
  • Consumables such as batteries, fuses, light bulbs etc;
  • Use of the Product commercially or for business purposes;
  • Cosmetic damage or deterioration to the Product of whatever nature, such as scratches, dents, corrosion or changes in colour, where the function of the Product is unaffected;
  • Inadequate or inappropriate packaging of the Product when returning it to our warehouse;
  • The Excluded Products; only products advertised with extended warranty and are sold by retailers verified by Dryzem Ltd are eligible for extended warranty. All other products are excluded;
  • Any defect in a Product notified to us outside of the Warranty Period or in respect of which you have failed to register the Product in accordance with clause 1;
  • Any Products which are supplied for use outside of the United Kingdom;
  • Any loss suffered as a result of not being able to use the Product, or any loss over and above the purchase price of the original Product.

3. Our liability for any loss or damage suffered by you

3.1    If we fail to comply with these terms and conditions, we shall be responsible for any loss or damage that you suffer that is a foreseeable result of our failure to comply with these terms and condition or our failing to use reasonable care and skill, but we shall not be responsible for any loss or damage that is not foreseeable.

3.2     We only supply the Products and warranty services described in this document for domestic and private use. Subject to clause 3.3, if you use the Products or the warranty services for any commercial, business or re-sale purpose we will have no liability to you whatsoever for any loss of profit, loss of business, business interruption, or loss of business opportunity.

3.3     Nothing in this warranty shall operate so as to limit or exclude our liability for death or personal injury arising from our negligence, for fraud or for any other matter in respect of which liability cannot be limited or excluded by operation of law.

 

4. General

4.1    You agree to provide to us with such assistance as may be reasonably needed to carry out a warranty assessment or Product repair/replacement. Failure by you to provide such assistance may invalidate the warranty.

4.2    We undertake to complete any Product repair/replacement in respect of a valid warranty claim as soon as reasonably practicable and, in any case, within 60 days of receipt of your returned Product, but we shall not be obliged to do so outside of normal working hours (9am – 5pm) or on weekends / bank holidays.

4.3    This warranty is subject to (English law) and the (courts of England and Wales) shall have exclusive jurisdiction over any matters arising out of or in connection with these warranty terms and conditions. This does not affect any consumer statutory rights that you may have for the purposes of this warranty.

 

5. Definitions

The following phases shall have the following meanings in the warranty document:

“Date of Dispatch” means the date of dispatch of the Product to you, as confirmed to you in an email from us or the relevant third party retailer;

“Excluded Products” means the limited number of excluded products which we are, unfortunately, unable to offer the warranty protection in respect of, which will be stated on the packaging of the applicable product(s) on receipt.  We will confirm whether or not your Product is an Excluded Product at the time that you register your warranty with us in accordance with clause 1;

“Order” means your online order for the Product;

“Order Confirmation” means the electronic confirmation of your Order, which will be sent to you by email on receipt of your Order by us or the relevant third party retailer;

“Product” means the specific product identified in the Order Confirmation respect of which we offer the warranty protection as specified in this document, with the exception of the Excluded Products;

“Relevant Information” means the information specified in clause 1.1;

“Warranty Period” means a period of 2 years from the Date of Despatch, except in cases where it means a period of 5 years from the Date of Despatch as expressly stated on the Product description and confirmed to you at the time that you register your warranty with us in accordance with clause 1.1;

“we”, “us” or “our” means Dryzem Limited (trading as Dryzem) a company registered in England and Wales (Company No.9103893) with its registered address at 11 Chandlers Way, South Woodham Ferrers, Essex, CM3 5TB; and

“you” shall mean the person who is identified as purchasing the Product in the Order Confirmation.