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Using This Website: Darling Magazine UK and Shop With Darling 

THIS SECTION INCLUDES THREE SETS OF TERMS AND CONDITIONS:

A. DARLING MAGAZINE

B. SHOP WITH DARLING MARKETPLACE/ US AS AN AGENT

C. SHOP WITH DARLING MARKETPLACE/US SELLING OUR OWN PRODUCTS

 

A. DARLING MAGAZINE T&Cs

Welcome to Darling. You’re free to browse as much as you like as long as you’re happy to accept our T’s & C’s. 

To be clear: “We” are Darling Media UK Ltd. Our registered company number is 12182478, and our registered address is 41 Barnes End, New Malden KT3 6PB, UK. “You” are the wonderful person browsing this website. 

Everything we publish here is yours to enjoy and use as general information, with the few usual caveats: 

We can change anything and everything on this site without telling you or warning you in advance.

We can’t absolutely guarantee the accuracy, usefulness, timeliness, completeness or suitability of the information and materials found or offered on this website for any particular purpose, idea, intention, ambition or dream you may have in mind. 

Neither can we guarantee any of the above on the part of the contributors and advertisers whose content we’ve chosen to publish here. If there are mistakes, errors or inaccuracies we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law, the point being that you’re obliged to accept that your use of any of the information or materials you find here is entirely at your own risk.  So it’s your responsibility to ensure that any products, services or information available through this website meet whatever specific requirements you have in mind.

Some of the content on this website is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. You can’t legally copy them, share them or reproduce them other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.

Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

Sometimes this website may also include links to other websites. They are there for your convenience to provide further information. It doesn’t mean that we endorse them, nor can we be held responsible for the content of them. 

Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.

Privacy Policy

This privacy policy sets out how Darling Media UK Ltd uses and protects any information that you provide when you use this website.

Darling Media UK Ltd is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

Darling Media UK Ltd may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

Why do we collect this information? 

We will use your contact information to send you, via email, our reader newsletters which contain lifestyle articles, local news and events, competitions, special offers and advertising. We will use interaction records to help us improve the content and usability of future newsletters, and to inform advertisers how many readers have seen and clicked on their advertisements. We ask for your consent to do this, and we will only send you our newsletter for as long as you continue to consent. 

What we collect

Darling Media UK Ltd may collect the following information:

  • name and job title
  • contact information including email address
  • demographic information such as post code, preferences and interests
  • other information relevant to customer surveys and/or offers

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

  • Internal record keeping.
  • We may use the information to improve our products and services.
  • We may periodically send promotional email about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
  • From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone or mail.
  • We may use the information to customise the website according to your interests.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How we use cookies

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites

This website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that Darling Media UK Ltd does not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information

  • We will not share your personal information with any third party for direct marketing purposes or otherwise. You are free to contact us to remove your name from our database at anytime.
  • If you have agreed to let us use your personal information for direct marketing purposes, you may change your mind at any time by contacting us.

Our promise

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

Your information is stored in a database owned and operated by our email service provider MailChimp. 

You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you, please contact us. Our address is 41 Barnes End, New Malden, KT3 6PB. Our email address is info@darling-backup.local 

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address to withdraw your consent. We will promptly correct any information found to be incorrect.

You may also ask us to stop using your information by withdrawing your consent, which you can do at any time, either by clicking the unsubscribe link at the end of any newsletter, or by emailing, writing or telephoning us using the contact details above.

Your right to complain

If you have a complaint about our use of your information, you can contact the Information Commissioner’s Office via their website at www.ico.org/concerns or write to them at: Information Commissioner’s Office Wycliffe House Water Lane Wilmslow Cheshire SK9 5AF

Terms & Conditions of Acceptance

For Advertisements and Copy

  1. General

1.1. ‘Advertiser’ shall include any advertising agent, agency, business or individual contracting to buy space and that commitment shall bind the Advertiser as principal. ‘Publisher’ shall mean Darling Media. Our terms take precedence over any other contract issued by an advertising agency. ‘Advertisement copy’, ‘artwork’ or ‘copy’ shall mean any advertising material, advertorial material or editorial material intended for publication by the Publisher.

1.2. All Advertisements accepted for publication in any of its print or online publications are accepted subject to these terms and conditions. Any other conditions proposed by the Advertiser shall be void unless accepted by the Publisher in writing.

1.3. When the Advertiser agrees, either verbally or in writing, to the terms of activity and payment, as outlined by the Publisher, and these are confirmed in writing by the Publisher to the Advertiser, this will constitute a binding agreement between the two parties.

1.4. All Advertisements are accepted subject to space being available in the Medium.

1.5. The Publisher reserves the right to cancel any order without liability in the event of becoming aware of any indication whatsoever of financial difficulties.

  1. Print Advertising

2.1. Copy must be supplied by the Advertiser without application from the Publisher. If copy instructions are not received by the agreed date, no guarantee can be given that any agreed proofs will be supplied, or corrections made and the Publisher reserves the right to repeat the most appropriate recent copy or omit the Advertisement. Where a layout or proof is submitted to the Advertiser, it must be returned on the date specified and the Publisher reserves the right to publish the Advertisement in the same form as any layout or proof submitted, if the layout or proof is not returned on the date specified. In any of these cases, the total price of the order will remain unaltered.

2.2. If, at its discretion, the Publisher considers it necessary to modify the space or alter the date or position of the Advertisement or make any other alteration to an Advertisement accepted for insertion, such alterations will be communicated by the Publisher to the Advertiser who has the right to cancel, if such alterations would be detrimental to the Advertiser’s business.

2.3. Where the Advertiser has booked an advertorial / advertisement feature insertion at an agreed discounted rate, the Publisher shall agree to run up to two rounds of edits following the first draft of copy and the Publisher has the final decision over choice of wording, grammar, font, style, font, colours, use of images and layout. This applies to both copy submitted by the Advertiser and copy that has been created by the Publisher on behalf of the Advertiser.  The Publisher reserves the right to publish any copy that has not been approved by the Advertiser within the time frame specified by the Publisher.

2.4. Where an Advertisement has been accepted by the Publisher and includes inserts, the Publisher reserves the right to charge the full price if the inserts fail to arrive at the agreed time and place for insertion.

2.5. Charges will be made to the Advertiser where printers are involved in extra production work owing to acts or defaults of the Advertiser.

2.6. Materials delivered must conform to the specifications.  The Publisher reserves the right to charge the Advertiser for work if required to amend materials to conform to its specifications but accepts no liability for such work.

2.7. The Publisher’s rate card does not constitute an offer by the Publisher to contract. All orders for advertisements are subject to availability. The agreement of conditions that have been exchanged in writing constitutes the entire contract between the two parties. The acceptance of advertisements for publication by the Publisher is upon the basis of these conditions and no modification or amendment thereto shall bind the Publisher unless agreed in writing.

  1. Cancellation or Suspension

3.1. 14 working days’ notice in writing prior to the copy deadline date is required for cancellations. Verbal cancellations are not acceptable. Where a series discount (or other discount) has been given and the Advertiser cancels prior to publication of the complete series, the full rate for each unpublished issue shall immediately become due and payable. Where a discount has been given for payment in advance of publication and payment is not affected, the full rate shall become immediately due and payable.

3.2. The Publisher reserves the right to refuse, omit, alter or suspend an Advertisement at any time for good reason, without incurring liability towards the Publisher and shall notify the Advertiser as soon as possible. If such omission or suspension is due to the act or default of the Advertiser, the Advertiser or their respective servants or agents, then the Advertiser shall pay for the Advertisement in full notwithstanding that the Advertisement has not been published.

3.3. If copy instructions for artwork are not received by the copy date, no guarantees can be given that corrections will be made, and the Publisher reserves the right to repeat the most appropriate copy.

3.4. Where the Advertiser has booked a series of 3 or more inserts, unless otherwise communicated, these will appear in consecutive issues. Where the Advertiser requests to run one or more of these inserts in other issues, this will be at the Publisher’s discretion.

3.5. Save where the position in the magazine is specified either on the Order Form or in email correspondence, the Publisher reserves the right to position advertisements in any position in the magazine.

3.6. Save where an exclusivity clause exists, the Publisher reserves the right to enter into agreements with competing businesses and run advertisements in any sector that it wishes.

  1. Where artwork is supplied in print-ready format

4.1. The Advertiser warrants that any advertisement placed by it does not contravene the provisions of any law, any act of parliament, statutory instrument or order in council and is not defamatory, illegal or libellous and does not infringe any copyright, design right or patent, The Advertiser indemnifies the Publisher against all actions, proceedings, claims, demands, cost and expenses whatsoever which may be taken or made against the Publisher in respect of or arising out of any advertisement placed by it.

4.2. The Advertiser shall deliver copy by the Publisher’s copy date. An advertiser who fails to submit copy by the Publisher’s copy date will be liable for the cost of the space and if this Advertiser has booked a discounted series, the full rate for each unpublished issue shall become immediately due and payable. Copy must be supplied in conformity with the Publisher’s requirements. Accepted artwork formats (including mechanical data etc.) are available to view on the website at darlingmagazine.co.uk. Where artwork is not supplied in the correct format and it is agreed that the Publisher will undertake the necessary amends, and any other changes as requested by the Advertiser, the charge will be as quoted by the Publisher.

4.3. The Publisher shall not be responsible for typographical or minor errors in print-ready supplied advertisements, which do not substantially affect the sense of the advertisement. The Publisher shall in no respect whatsoever be responsible for effectiveness for the Advertiser’s purpose of the advertisement. The Publisher accepts no responsibility for damage to or loss of artwork.

4.4. Should any typographical or errors be brought to the Publisher’s attention prior to printing, the Publisher shall give the Advertiser no less than 24 hours to resubmit amended artwork. Should the deadline not be met, the Publisher will proceed with the original artwork, unless such errors substantially affect the sense of the advertisement. In the event of the Publisher having to withdraw the artwork, the advertiser will be liable for the cost of the space.

  1. Where artwork has been created by the Publisher

5.1. There will be a charge for all creation of artwork, unless otherwise agreed between the Publisher and the Advertiser.  The charge is what is quoted by the Publisher at the time of agreement. Two rounds of edits will be included in the design fee, after which there will be an additional charge per edit.

5.2. The Advertiser undertakes to provide the necessary information and images in the required format by the date that the Publisher has specified.

5.3. The copyright for the artwork will be owned by the Advertiser, unless there is no charge. In the event that there is no charge for the creation of artwork, no credit can be given for errors, mistakes or poor reproduction. Where the Publisher has typeset the advertisement free of charge, this artwork remains the copyright of the Publisher.

5.4. Corrections to artwork proofs must be received within 48 hours, unless there has been a delay in the design process due to the Advertiser, in which case it will be 24 hours.

5.5. Once artwork has been approved, no further edits can be made within 7 days of the print date, unless there are factual inaccuracies or misprints.

5.6. The Publisher shall be responsible for typographical or errors in advertisements should these errors substantially affect the sense of the advertisement. The Advertiser shall be responsible for any errors in contact details and will be given the opportunity to check the accuracy of these.

5.7. There will be an additional charge where the Advertiser requires artwork to be resized or requests any additional amendments. The charge will be as quoted by the Publisher.

  1. Photography

6.1 Where the Publisher has commissioned a Photographer to take pictures for the benefit of the Advertiser, the Photographer owns the copyright of these pictures and they shall only be used for the purpose of the magazine. Neither the Advertiser nor the Publisher is permitted to use these pictures for other marketing purposes that are not connected with the magazine, such as printed media, social media, websites and other. If the Advertiser wishes to seek permission from the Photographer, then this will be at the Photographer’s discretion, for which there may be a cost.

  1. Payment Terms

7.1. Where upfront payments are agreed between the Publisher and the Advertiser for a series or for a series in two or more sister publications, the invoice will be issued within 7 days of the order being accepted. Raised invoices must be settled within 14 days of receipt.

7.2. Unless otherwise agreed, when the Advertiser agrees to place one or more advertisements in one or more publications, an invoice for the first of these issues will be raised within 7 days of the order being accepted. Such invoices must be settled within 14 days of receipt. Invoices for future issues will be raised at the time of print. Unless queries are raised within 7 days of invoice, the invoice will be deemed to have been accepted. Raised invoices must be settled within 14 days of receipt. The Publisher reserves the right to charge interest on accounts outstanding after the payment due date the rate of 15% per annum. In the event of late payment by the Advertiser, the Publisher reserves the right to temporarily suspend the series until payment has been made.

7.3. In the event of late payment by the Advertiser to the Publisher, the Publisher reserves the right to invoice the Advertiser for the whole remaining series which has been booked by the Advertiser. Full payment will become immediately payable and no discounts will be applicable.

7.4. The person who either signs the order form or confirms the online order on behalf of the Advertiser (the ‘signatory’) agrees that, if the Advertiser fails to pay the Publisher, the signatory will be personally liable to pay all amounts due and unpaid by the Advertiser to the Publisher under this contract and this liability will not be discharged by any time or other concessions given by the Publisher to the Advertiser.

7.5. The placing of an order with the Publisher by the Advertiser will be deemed to be an acceptance of these terms and conditions by the Advertiser.

  1. Where editorial copy is supplied by a third party (the ‘Contributor’) at a discounted rate or is complimentary

8.1. The Contributor shall agree to promote itself as an expert in its area of specialism, not to directly advertise its company name and services.

8.2 The Contributor agrees that the aim of the editorial is to provide the reader with an opinion piece that contains guidance, advice and tips.

8.3. The Publisher shall undertake to reference the Contributor’s website. In the absence of a website address, the Publisher shall include an email address. No other contact details will be included, unless otherwise agreed.

8.4. The Publisher shall not be responsible for any misprints in website addresses or other factual information, once final copy has been approved.

8.5. The Publisher shall not undertake to include a description or any information purporting to promote an individual’s services or company. This is otherwise viewed as advertising, for which there is a premium cost.

8.6. The Publisher shall agree to run up to two rounds of edits following the receipt of draft copy from the Contributor.

8.7. The Publisher shall not endeavour to change the view or the belief of the Contributor’s words, unless such edits are approved and unless the publisher believes that such changes are in the interests of the readers.

8.8. Approved copy will be deemed as final and ready for print. After this, no more changes can be made, unless there is a misprint or a factual inaccuracy.

8.9. The Publisher has the final decision over choice of wording, grammar, style, font, colours, use of images and layout.

8.10. The Contributor will meet each copy deadline, along with the provision of images in the required format. Where a Contributor does not meet the copy deadline and fails to provide copy despite repeated reminders, the Contributor will be invoiced for the space which would otherwise have been sold to another advertiser. The Publisher reserves the right to charge the full rate for the space.

8.11. The Publisher shall not be responsible for extra costs incurred for images that have to be purchased externally.

  1. Limitations on Publisher’s Liability

9.1. The Publisher shall not be liable for any loss or damage suffered by the Publisher as a result of any total or partial failure (howsoever caused) of publication, distribution or availability of any Medium in which any Advertisement is scheduled to be included or for any error, misprint or omission in the printing of any Advertisement. In the event of an error or omission by the Publisher, which detracts materially from the Advertisement, the Publisher will either reinsert the Advertisement or relevant part of the Advertisement in a subsequent issue or make a reasonable refund of or adjustment to the price paid by the Advertiser. No reinsertion, refund or adjustment will be made for any other error or omission or where the error or omission is the result of delivery of materials which do not comply with the Publisher’s specifications.

9.2. The total liability of the Publisher to the Advertiser for any act or omission of the Publisher, its servants or agents relating to any Advertisement shall not exceed the amount of a full refund of any price paid to the Publisher for the Advertisement or the cost of a reasonably comparable further or corrective Advertisement. Without limiting the foregoing, the Publisher shall not be liable for any loss of profits or business or for indirect or consequential loss. The publisher accepts no liability for the repetition of an error in an Advertisement ordered for more than one insertion unless notified immediately when the error occurs. Complaints regarding reproduction of printed Advertisements must be received in writing within 14 days of the cover date.

  1. Advertiser’s Warranties and Indemnities

10.1. If any Advertisement submitted for publication contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or copy by which any living person is or can be readily identified, the Advertiser warrants that the Advertiser has obtained the authority of such living person to make use of such name, representation and/or copy.

  1. Online Advertising

11.1. Advertisements may contain only such information and code as is necessary to run the Advertisement effectively on the

Publisher’s website. Advertisements may not contain tags, cookies, beacons or similar technology which identifies users of the Publisher’s website or enables the Advertiser or any third party to serve such users with any advertising other than the Advertisement.

11.2. If an Advertisement links to another site, the Advertiser is responsible for maintaining the link and for the content of the linked site. The Publisher may remove any Advertisement which contains content or links to a site which, in the Publisher’s opinion, is defamatory or objectionable or will bring the Publisher into disrepute. The Advertiser will indemnify the Publisher from and against any claims or liability arising from links contained in an Advertisement.

© 2019 by Darling Magazine UK Ltd

Darling Magazine UK Ltd. competition rules:

  1. The promoter is: Darling Magazine UK Ltd (company no. 12182478) whose registered office is at 211 Coombe Lane, London, SW20 0RG or you can contact us by email info@darling-backup.local or telephone on 07930 396356.
  2. The competitions are open to residents of the United Kingdom aged 18 years or over, and not open to employees of Darling Magazine UK and their close relatives and anyone otherwise connected with the organisation or judging of the competition.
  3. There is no entry fee and no purchase necessary to enter our competitions.
  4. By entering our competitions, an entrant is indicating his/her agreement to be bound by these terms and conditions.
  5. Route to entry for the competitions and details of how to enter are via https://darlingmagazine.co.uk/online subscription form.
  6. Only one entry will be accepted per person. Multiple entries from the same person will be disqualified.
  7. Closing date for entries will be as stated on our website. After this date no further entries to the competition will be permitted.
  8. No responsibility can be accepted for entries not received for whatever reason.
  9. To be eligible to enter for our prize draws you need to subscribe to our newsletter.                                             
  10. The promoter reserves the right to cancel or amend the competitions and these terms and conditions without notice in the event of a catastrophe, pandemic, war, civil or military disturbance, any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control.
  11. Any changes to the competitions will be notified to entrants as soon as possible by the promoter.

The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.

12. The prize is as follows:

The prize is as stated and no cash or other alternatives will be offered.The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.

13. Winners will be chosen by random blind selection from the list of subscribers to our newsletter via our Darling Magazine UK online magazine.

14. The winner will be notified by email within 7 days of the closing date. If the winner cannot be contacted or does not claim the prize within 72 hours of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.

15. The promoter and/or competition sponsor will notify the winner when and where the prize can be collected / is delivered.

16. The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.

17. By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.

18. The competition and these terms and conditions will be governed by English law and any disputes will be subject to the exclusive jurisdiction of the courts of England.

19. The winner agrees to the use of his/her name in any publicity material.

20. Entry into the competition will be deemed as acceptance of these terms and conditions.

21. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other Social Network. You are providing your information to Darling Magazine UK and not to any other party. The information provided will be used in conjunction with the following Privacy Policy found at https://darlingmagazine.co.uk.

Our Commitment To Privacy 

Darling Magazine UK Ltd respects your privacy and we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used by us. To make this notice easy to find, we make it available from every page of our website. We hope that this will address any concerns you may have about providing your information online through our website. By accessing and browsing this website, you are accepting the practices outlined within this Privacy Policy.

The Information We Collect: 

This notice applies to all information collected or submitted on the Darling Magazine UK Ltd website. When browsing our site you are not required to provide any personal information unless you choose to contact us. We collect personal information from our visitors only through our forms and through emails sent to us, either directly or through our ‘subscribe’ option. Any information you submit to us, whether through our website, by fax, by email or by telephone, is treated as confidential and is not sold or disclosed at any time in any way to third parties. We use this information to respond to your enquiry and provide you with the information you requested or expressed interest in.

Non-personal technical information about your session (such as browser type, referring/exit pages, etc) may be collected by our hosting company. We use this information, which does not identify you, to analyse trends and gather broad demographic information about the use of our site.

Links to Outside Sites

Darling Magazine UK Ltd may provide links to other sites which may be useful to our visitors through our links page. We do not control those sites or their privacy practices, which may differ from ours. This privacy policy does not cover any personal data that you may choose to give to those third parties. You acknowledge that we do not monitor or control the information provided to you by those sites or collected by those sites and we are not responsible for their practices or the content of their sites. Visitors are advised to view the policies of third party sites before giving any personal information to them.

Opting Out

We will occasionally send you information on special offers or promotions, forthcoming issues and features. If you do not wish to receive this information, you can opt-out of receiving future mailings by contacting us by email to info@darling-backup.local and providing the email address that you wish to unsubscribe, or by using the ‘unsubscribe’ option from from any newsletter that you receive from us. Or write to us at Darling Magazine UK Ltd, 211 Coombe Lane, London, SW20 0RG. You can all us on +44 20 8739 0059  or +44 793039 6356.

Copyright

All copyright, trademarks and other intellectual property rights in our website content (including website design, text, graphics and source code) are owned by Darling Magazine UK Ltd or licensed to us. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without our prior consent, except where otherwise designated on each page (e.g. downloadable content).

Security

The security of your personal information is important to us, however no security system is guaranteed to be 100% secure and we therefore cannot guarantee the security of our servers nor can we guarantee that information you supply through our site will not be intercepted while being transmitted over the internet. We follow generally accepted industry standards to protect the personal information you provide to us. We do not accept sensitive information such as credit or debit card information, through our website.

Changes to this policy

If we update this Privacy Policy, we will post those changes and change the revision date of this document, so any time you visit our site you will find the most up to date policy online. 

Please check the Terms & Conditions from time to time for any changes to our Privacy Policy. By continuing to use our website after any changes are made, you acknowledge your acceptance of those changes.

Disclaimers

Our website is provided as available without any representation or endorsement made and without warranty of any kind including but not limited to the implied warranties of satisfactory quality, fitness for purpose, non-infringement, compatibility, security and accuracy. As permitted by law, Darling Magazine UK Ltd will not be liable for any indirect or consequential loss or damage arising out of or in connection with the use of our website. We make no warranty that the functionality of our website will be uninterrupted or error free, that defects will be corrected or that the website or server that hosts the site will be free of viruses, although every precaution is taken to ensure the same.

Contacting Us

If you have any comments or questions about this privacy policy, you can contact us by email at info@darling-backup.local or by post to 211 Coombe Lane, London, SW20 0RG. Telephone 020 8739 0059  or 0793039 3656. 

© 2019 by Darling Magazine UK Ltd

B.TERMS AND CONDITIONS FOR THE SALE OF GOODS. DARLING MAGAZINE IS ACTING AS AGENT FOR SELLER – PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING AN ORDER WITH US 

These Terms and Conditions set out the terms under which Products are sold through Us, Darling Magazine UK Ltd (“Darling”, “DM”, “Us”, “We”, etc). to consumers through Our Website. You are required to read these Terms and Conditions when ordering Products from Our Website and if you do not agree to comply with and be bound by these Terms and Conditions you will not be able to order Products through Our Website.

In addition, your agreement to comply with these Terms and Conditions is indicated by your use of Our Website. If you use Our Website, you do so in accordance with these Terms and Conditions. If you are unable to accept these terms, you should leave Our Website immediately and stop using the Services or any part of them.

These Terms & Conditions cancel and replace any previous version. We may alter them from time to time, for example to reflect changes in relevant laws and regulatory requirements or procedural changes in the way we operate our business. If we amend the Terms and Conditions we will post the revised version on Our Website. The version applicable to your contract will be the version Posted on Our Website at the time that the contract was made.

Our suppliers may also impose additional terms and conditions to which your contract with them will be subject.

[Darling Magazine / DM] are trade names of Darling Magazine UK Ltd, company number 12182478 incorporated in England, whose registered office is at 211 Coombe Lane, London SW20 0RG.

In order to use this website you must be able to enter into a legally binding contract. This requires you to be 18 years of age or older.

1. Definitions

“Our Website”

means any website of ours, and includes all web pages controlled by us.

“Order”

means your order for Products.

“Product”

means the products sold by Us through Our Website whether physical goods or downloads.

“Seller”

means a person who offers a Product for sale on Our Website.

2. Our contract

2.1. DM is not a Seller of the Products but acts as agent only for the Seller through Our Website.

2.2. DM are agents of a Seller only to the extent of use of Our Website (darlingmagazine.co.uk) as a platform for sale of the Seller’s Products and for taking orders, collection and forwarding of money and passing the order to the Seller for distribution. We are not responsible for the Products.

2.3. When Products are purchased using Our Website the resulting contract is between you and the Seller and such contract shall also incorporate these Terms and Conditions. You agree to accept and be bound by the terms of the email confirmation of your order and the applicable details on the Product page on Our Website. The Terms and Conditions of our Seller can be found on Our Website [or insert where they can be found as these are the conditions for the contract with the Seller].

2.4. We ask you to make any comment or complaint relating to a Seller via Our Website and we will deal with this at our absolute discretion.

2.5. As stated above We only accept orders and payments for Products which will be delivered to you directly by the Seller. We are not responsible for delivery of any Product you order. We do not hold any stocks of items offered for sale by the Seller through Our Website.

2.6. The delivery charges of the Seller vary according to the delivery methods offered.  Delivery times quoted are quoted as working days.

2.7 Any dispute with the Seller should be directed to the Seller and resolved directly with the Seller. We are not responsible for and do not become involved in any consumer/Seller disputes.

2.8. In summary, we are not responsible for and you should direct any queries to the Seller by emailing DM initially at shop@darling-backup.local relating to:

2.8.1 your choice of a Product;

2.8.2 any aspect of the description of the Product;

2.8.3 any complaint about any Product;

2.8.4 the Seller’s listings or its own advertisements for the Product

2.9  We do not review or control and are not responsible for listings (in any form including pricing, descriptions or any other) provided by Sellers.

2.10 The content of Our Website is for your general information and use only and is subject to change without notice. We reserve the right at any time to modify or discontinue some products without notice and We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuation of the products. We will make all reasonable efforts to ensure that prices shown on Our Website are correct and prices may change from time to time.

2.11 We are not the receivers of returned Products for any reason, whether faulty, damaged or incorrect Products and all Products must be returned to the Seller. However, we do deal with refunds on behalf of the Seller where products are returned. You must contact DM at shop@darling-backup.local where any Product needs to be returned or refunded and the Seller will instruct us to process a refund to you, if appropriate. All refunds due to you will be made by Us using the same method used by you when paying for the Products. You will be refunded the price paid for the Products in accordance with the terms and conditions of the Seller.

3. Your account and the personal information we hold

3.1. When you visit Our Website, you are accepting responsibility for any action taken by any person using your name and personal details or using your account with us or (where applicable) your account password. You must take all necessary steps to ensure that your password is completely safe,   confidential and secure at all times and you must inform us immediately if you know or believe that your password has become known to anyone else, or if your password is being, or is likely to be, used in an unauthorised manner and you must take immediate steps to change your password and ensure that the new password is completely secure and for your use only.

3.2. You confirm that the information you have provided or will provide about yourself is accurate, up to date and complete and that We are not responsible for any error made as a result of such information provided by you being inaccurate.

3.3. If we agree that you may create an account on Our Website, this will be for your personal use only. You must not authorize or permit any other person to use your account. You must protect and keep confidential and secure any password and other account or identity information.

3.4. We reserve the right at any time and for any reason and with or without notice to terminate and delete your account on Our Website which will include the deletion of all data relating to you and stored on Our Website.

3.5. You confirm that you will notify us of any changes in the information we hold about you immediately that it occurs. If you do not do so, we reserve the right to terminate your account with us.

3.6. Our Website uses cookies to monitor browsing preferences. Please see our privacy and cookies policies on Our Website. You acknowledge and agree that we may process your personal data in accordance with the terms of our privacy and cookies policies.

4. Orders

4.1. DM acts as agent only and takes no responsibility for the fulfilment of your order which will be fulfilled by the Seller. Your sale contract is with the Seller.

4.2. Prices listed on Our Website by Sellers are inclusive of any applicable Value Added Tax (VAT). If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

4.3. Products may be offered for sale subject to any discount or promotion arranged between DM and the Seller. Where discounts, promotions, offers or vouchers are available, these must be applied at the time of checkout and cannot be applied retrospectively in any circumstances. No cash alternatives will be available.

4.4 Our Website will guide you through the ordering process. Before submitting your Order, you will be given the opportunity to review and amend it. Please ensure that you check your order carefully before submitting it. If you provide Us with incorrect or incomplete information during the order process you should contact Us as soon as possible. Where any information is required, it will be stated on Our Website, either in the Product descriptions or during the order process, as applicable. We will not be responsible for forwarding your Order to the Seller late if this is due to you not providing Us with the required information within a reasonable period of Us asking for it.

4.5 No part of Our Website constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer to the Seller. We act as agent for the Seller and acceptance of that offer by the Seller is indicated by Us sending you an order confirmation at which point there will be a contract between you and the Seller.

4.6  Some Products will be subject to a delivery charge. Delivery options and related charges will be presented to you as part of the order process.  The delivery charge will be fixed by the Seller for each Product offered for sale and may be changed at the discretion of the Seller. Once the purchase has taken place the delivery charge will not be increased.

4.7 Payment for Products shall be in pounds sterling.

4.8. We may be required to limit the number of Orders that you make and pay for on Our Website at any given time for security purposes, for example, where the payment provider notifies Us or requests that we limit the number of transactions.

4.9. To facilitate the future use of Our Website by you we will retain personal information and delivery details you supply to Us. We will not retain any payment card details or financial information. For details about disclosure of personal information please see our privacy notice.

4.10  Your use of any information or materials on Our Website is entirely at your own risk, for which we shall not be liable. It is your responsibility to ensure that any products or information available through Our Website meet your specific requirements.

4.11. All images shown in the listings are for illustrative purposes only. There may be slight variations in appearance and colour between the image of a product and the actual product due to computer or device displays and lighting conditions.

5. Payment

We take care to make Our Website safe for you to use.

5.1. Card payments are processed through our payment providers. We use one or more online payment service providers.

5.2  Payment for Products and related delivery charges must always be made in advance. You will be prompted to provide payment details during the ordering process. We accept the following methods of payment:

a. Visa

b. Mastercard

c. American Express.

5.3 If you believe that We have charged you an incorrect amount please contact Us as soon as possible to let Us know.

6. Copyright and other intellectual property rights

6.1. All content on Our Website, for example page text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, are the property of either Us or our affiliates or the Seller and are protected by  copyright laws.

6.2. You may not copy, or in any way exploit any of the content, except as is expressly permitted by these Terms and Conditions or with our written consent.

6.3. You must not extract or otherwise use any of the content on Our Website for commercial purposes without obtaining written consent to do so from us or our affiliates.

7.

7.1. We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our service for repairs, maintenance or other reasons. We may do so without telling you first.

7.2. You acknowledge that our service may also be interrupted for reasons beyond our control. We shall not be liable for any delay or failure to perform any of Our obligations if the delay or failure results from events or circumstances outside our reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, pandemic, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply.

7.3. If the delay persists you agree that We are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to Our service and that after a reasonable period of time We may need to terminate Our service.

8. Miscellaneous matters

8.1. If any term of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms and Conditions and the remainder of these Terms and Conditions shall be valid and enforceable.

8.2. These Terms and Conditions shall be governed in accordance with the laws of England.

8.3 If you are in breach of any term of these Terms and Conditions we reserve the right to:

8.3.1  cancel any Order at our discretion; or

8.3.2  issue a claim in any court.

8.4. Any obligation in these Terms and Conditions intended to continue to have effect after termination or completion of the Order with the Seller shall so continue.

8.5. No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

8.6. When you visit Our Website or send messages to Us by email, you are communicating with Us electronically. We communicate with you by e-mail or by posting notices on Our Website. You agree and confirm that all Our electronic communications satisfy any legal requirement that such communications be in writing.

8.7. Any communication to be served by either party on the other shall be delivered by hand or sent by special delivery and shall be deemed to have been delivered:

8.7.1 If delivered by hand: on the day of delivery;

8.7.2 If sent by special delivery post to the correct address: on the second business day after posting.

8.8  The validity, construction and performance of these Terms and Conditions shall be governed by the laws of England and you agree and confirm that any dispute arising from it shall be subject to the exclusive jurisdiction of the courts of England.

 

C. TERMS OF  SALE – OUR OWN PRODUCTS

‘Women of Inspiration’ Candles

BACKGROUND:

Please read these Terms of Sale carefully before placing an order with Us. These Terms of Sale, together with any other documents referred to herein (unless otherwise stated), set out the terms under which Goods are sold by Us to consumers through this website, DarlingMagazine.co.uk (“Our Site”).

These Terms of Sale explain who We are, how Our Goods will be provided to you, how you or We may change, cancel, or otherwise end the Contract, what to do in the event of problems, and other important information.

You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our site. These Terms of Sale, as well as all Contracts, are in the English language only.

The following documents may also apply to your use of Our Site:

  • Our Privacy Policy, available at DarlingMagazine.co.uk. This is also referred to below in Part 22.
  • Our Cookie Policy, available at DarlingMagazine.co.uk. This is also referred to below in Part 22.
  1. Definitions and Interpretation
      1. In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

“Contract”

means a contract for the purchase and sale of Goods, as explained in Part 10;

“Goods”

means the goods sold by Us through Our Site

“Order”

means your order for Goods;

“Order Confirmation”

means Our acceptance and confirmation of your Order;

“Order Number”

means the reference number for your Order; and

“We/Us/Our”

means Darling Magazine UK.
      1. Unless the context otherwise requires, each reference in these Terms of Sale to:
          1. “writing”, and any similar term, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
          2. a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
          3. a Part or paragraph is a reference to a section, part, or clause of these Terms of Sale.
  1. Information About Us
      1. Our Site is operated by Darling Magazine UK Ltd. We are a limited company registered in England and Wales under company number 12182478. Our registered address is 211 Coombe Lane, London SW20 0RG. Our main trading address is 211 Coombe Lane, London SW20 0RG.
      2. Our VAT number is 332061643.
  2. How to Contact Us

3.1 To contact Us about the Goods or your Order by email, please email Us at       shop@darling-backup.local, and to contact Us by post, please write to Us at 211 Coombe Lane, London SW20 0RG.

3.2 To contact Us about cancellations by email, please email Us at shop@darling-backup.local, and to contact Us by post, please write to Us at 211 Coombe Lane, London SW20 0RG.

  1. Access to Our Site and Use of Our Site
      1. Access to Our Site is free of charge.
      2. It is your responsibility to make the arrangements necessary in order to access Our Site.
      3. Use of Our Site is subject to Our Website Terms of Use, available at darlingmagazine.co.uk. Please ensure that you have read them carefully, that you understand them, and that you agree to them.
  1. Changes to these Terms of Sale

We may alter these Terms of Sale from time to time, for example, to reflect changes in relevant laws and regulatory requirements. If We do so, details will be highlighted at the top of this page. If the changes are likely to affect your Order, We will inform you in advance by email and you may contact Us to end the Contract before the changes take effect. If you end the Contract for this reason, you will receive a refund for any Goods paid for but not received.

  1. Business Customers

These Terms of Sale do not apply to customers purchasing Goods in the course of business.

  1. International Customers

Please note that We only deliver within the United Kingdom.

  1. Goods, Descriptions, and Changes
      1. We make all reasonable efforts to ensure that all descriptions and images of Goods available from Us on Our Site match the actual Goods. Please note:
            1. Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product due to differences in computer or device displays and lighting conditions;
            2. Images or descriptions of packaging are for illustrative purposes only and the actual packaging may vary.
      2. Please note that Part 8.1 does not exclude Our responsibility for mistakes due to Our negligence. It refers only to minor variations in the correct Goods, not to different Goods. If you receive Goods that are not as described, please refer to Part 14.
      3. Minor changes may be made to certain Goods from time to time. This may happen between you placing your Order and the Goods being dispatched.

Minor changes may be made, for example, to reflect changes in relevant laws and regulatory requirements or to address particular technical or security issues.

Minor changes will not change the main characteristics of the Goods and will not affect your use of those Goods.

      1. More significant changes may also be made to the Goods from time to time. If We make such changes, We will inform you and you may contact Us to end the Contract before the changes are made. If you end the Contract for this reason, you will receive a refund for any Goods paid for but not received.
  1. Pricing
      1. We make all reasonable efforts to ensure that prices shown on Our Site are correct. We may change prices from time to time. All pricing information is reviewed and updated at frequent intervals. Changes in price will not affect any Order that you have already placed. Please note, however, that changes in VAT will, as explained below in Part 9.2.
      2. Some prices on Our Site include VAT. All Our products include VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment. All prices are checked before We accept your Order. If We have shown
      3. incorrect pricing information, We will inform you of the mistake in writing.

If the correct price is lower than that shown when you make your Order, We will simply charge you the lower price.

If the correct price is higher than that shown when you make your Order, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If you do not respond within 14 days, We will treat your Order as cancelled and inform you of the cancellation in writing.

      1. If We mistakenly accept and process an Order where an obvious and unmistakable pricing error has been made, which you could have reasonably recognised as mispricing, We have the right to end the Contract, refund any sums paid, and require you to return the affected Goods to Us.
      2. Delivery charges are not included in the price of Goods shown on Our Site. Delivery options and related charges will be presented to you as part of the order process.
  1. Orders and How Contracts Are Formed
      1. Our Site will guide you through the ordering process. Before submitting your Order, you will be given the opportunity to review and amend it. Please ensure that you check your Order carefully before submitting it.
      2. If you provide Us with incorrect or incomplete information during the order process, please contact Us as soon as possible. Where any information is required, it will be stated on Our Site, either in the product descriptions or during the order process, as applicable.

If We cannot process your Order due to incorrect or incomplete information, We will contact you to ask you to correct it or provide the missing information required for Us to supply the Goods to you.

If you do not provide the required information within a reasonable period of Us asking for it, or if the information is inaccurate or incomplete, We may either end the Contract or charge you a reasonable sum as compensation for the extra work required as a result.

We will not be responsible for supplying the affected Goods late or for not supplying the affected Goods if this is due to you not providing Us with the required information within a reasonable period of Us asking for it.

      1. No part of Our Site constitutes a contractual offer capable of acceptance.

Your Order constitutes a contractual offer. Our acceptance of that offer is indicated by Us sending you an Order Confirmation by email.

Only once we have sent you an Order Confirmation will there be a legally binding Contract between Us and you for the sale of the Goods.

      1. Order Confirmations contain the following information:
            1. Your Order Number;
            2. Confirmation of the Goods ordered including the name of the product and the quantity ordered;
            3. Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery, and other additional charges;
            4. Shipping details; date and costs
      1. Please quote your Order Number if you contact Us about your Order for any reason. You do not have to do this, but it may help Us to locate your Order and help you more quickly and easily.
      2. In the unlikely event that We cannot accept your Order, We will inform you in writing and explain why. No payment will be taken under normal circumstances. If We have taken payment, any such sums will be refunded.

We may not accept your Order because the Goods are out of stock, because of unexpected limits on Our resources that We could not have reasonably planned for, because We have identified a mistake in the description or price of the Goods, or because We are not able to meet a delivery deadline that you have set.

  1. Payment
      1. Payment for Goods and related delivery charges must always be made in advance. You will be prompted to provide payment details during the ordering process.
      2. We will not charge your chosen payment method until We dispatch the Goods.
      3. We accept the following methods of payment:
  1. Visa
  2. Mastercard
  3. American Express
      1. We may charge you interest if you pay late. If a payment to Us is not made by the due date, We may charge you interest on the overdue sum at the rate of 2% per annum above the base lending rate of Barclays Bank PLC from time to time. Interest shall accrue on a daily basis from the due date until the actual date of payment, whether before or after judgment. You must pay Us any interest due together with the overdue sum.
      2. If you believe that We have charged you an incorrect amount, please contact Us as soon as possible to let Us know. You will not be charged interest under Part 11.4 on any sums disputed in good faith under this Part 11.5.
  1. When You Own the Goods

Ownership of the Goods passes to you once We have received payment in full of all sums due.

  1. Delivery
      1. All Goods purchased through Our Site will normally be delivered within 2-5 working days after the date of Our Order Confirmation unless otherwise agreed or specified during the ordering process.
      2. We will not be responsible for delays that are outside of our reasonable control. If delivery is delayed for such a reason, We will inform you as soon as possible and will take steps to minimise the impact of the delay.
      3. If there is a risk of a substantial delay to delivery, you may contact Us to end the Contract and will be refunded any sums paid for Goods that you have not received.
      4. In the unlikely event that We do not deliver the Goods on time (within 2-5 working days of the Order Confirmation or as otherwise agreed or specified), you have certain legal rights. If any of the following apply, you may treat the Contract as being at an end immediately:
            1. We have refused to deliver the Goods;
            2. In light of all relevant circumstances, delivery within the specified or agreed time period was essential; or
            3. You told Us when ordering the Goods that delivery within the specified or agreed time period was essential.
      5. If you do not wish to cancel under Part 13.5, or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.
      6. You may cancel all or part of your Order under Parts 13.5 or 13.6 provided that separating the Goods in your Order would not significantly reduce their value.

Any sums that you have already paid for cancelled Goods will be refunded to you. Please note that we will not refund the shipping cost.

If any cancelled Goods are delivered to you, you must return them to Us. We will not cover the costs of postage. Please contact Us using the details provided above in Part 3 for a return address or return the Goods to our operation address as given earlier.

      1. We will not be responsible for delivering Goods late or for not delivering Goods if this is due to you not providing Us with required information within a reasonable period of Us asking for it.
  1. Faulty, Damaged, or Incorrect Goods
      1. This Part 14 provides a summary of your legal rights as a consumer. These rights may be subject to certain exceptions. For full details please refer to the Citizens Advice website or contact them on 0808 223 1133. Nothing in these Terms of Sale will affect your legal rights.
      2. If there is a risk of a substantial delay to delivery, you may contact Us to end the Contract and will be refunded any sums paid for Goods that you have not received.
      3. In the unlikely event that We do not deliver the Goods on time (within 2-5 working days of the Order Confirmation or as otherwise agreed or specified), you have certain legal rights. If any of the following apply, you may treat the Contract as being at an end immediately:
            1. We have refused to deliver the Goods;
            2. In light of all relevant circumstances, delivery within the specified or agreed time period was essential; or
            3. You told Us when ordering the Goods that delivery within the specified or agreed time period was essential.
      4. If you do not wish to cancel under Part 13.5, or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.
      5. You may cancel all or part of your Order under Parts 13.5 or 13.6 provided that separating the Goods in your Order would not significantly reduce their value.

Any sums that you have already paid for cancelled Goods will be refunded to you. Please note that we will not refund the shipping cost.

If any cancelled Goods are delivered to you, you must return them to Us. We will not cover the costs of postage. Please contact Us using the details provided above in Part 3 for a return address or return the Goods to our operation address as given earlier.

      1. We will not be responsible for delivering Goods late or for not delivering Goods if this is due to you not providing Us with required information within a reasonable period of Us asking for it.
  1. Your Rights to Cancel and End the Contract
      1. If the Goods are faulty or misdescribed, you may have a legal right to end the Contract, to have the Goods repaired or replaced, or to get a full or partial refund. Please refer to Part 14, above, for more information.
      2. If you are a consumer and have changed your mind, you may have a legal right to a “cooling-off period” within which you can end the Contract for any reason. Please refer to Part 16, below, for more information.
      3. If you wish to end the Contract because of something We have done or are going to do, please refer to Part 17, below, for more information.
  1. Cancelling and Ending the Contract if You Change Your Mind
      1. If you are a consumer, the Consumer Contracts Regulations 2013 give you the legal right to change your mind and end the Contract for any reason.
      2. If the Goods are being delivered to you in a single instalment, the cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the Goods.
      3. If the Goods are being delivered in separate instalments on separate days, the cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the final instalment of Goods.
      4. If you wish to end the Contract for this reason, you must inform Us within the cooling-off period. You may inform Us in any way you wish (including by email, post, or telephone). Please state that you want to cancel and end the Contract, providing your name, address, details of your Order and, where possible, your email address and telephone number. Our contact details are provided above in Part 3.
      5. Your cancellation notice is effective from the date on which you send it. Provided you send your cancellation notice or contact Us directly by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted.
      6. Please note that this right to cancel may not apply in the following circumstances:
            1. If the Goods are sealed for health or hygiene reasons and you have unsealed them after receiving them;
            2. If the Goods are likely to deteriorate quickly;
            3. If the Goods have been personalised or custom-made for you;
            4. If the Goods have been inseparably mixed with other items (according to their nature) after you have received them.
            5. If the Goods have been used.
  1. Cancelling and Ending the Contract Because of Something We Have Done or Will Do
      1. You may have the right to cancel and end the Contract because of something We have done or have informed you that We are going to do. This right to cancel applies in the following circumstances:
            1. We have informed you about an upcoming change to these Terms of Sale that you do not agree to (see Part 5.1);
            2. We have informed you about an upcoming change to the Goods that you do not agree to (see Part 8.4);
            3. We have informed you about an error in the price or description of the Goods and you do not wish to proceed;
            4. There is a risk that delivery of the Goods will be substantially delayed due to events outside of Our control (see Part 13);
            5. You have a legal right to end the Contract because We have done something wrong (including where We have not delivered the Goods on time and the circumstances in Part 13.5 or 13.6 apply).
      2. If you cancel and end the Contract for any of the reasons set out in this Part 17, the Contract will end immediately and you will receive a full refund for any Goods which have not yet been provided. You may also be entitled to compensation.
      3. If you wish to end the Contract for this reason, you may inform Us in any way you wish (including by email, post, or telephone). Please state that you want to cancel and end the Contract, providing your name, address, details of your Order and, where possible, your email address and telephone number. Our contact details are provided above in Part 3.
  2. Returning Goods After Cancelling and Ending the Contract
      1. Subject to your right to partially cancel your Order under Part 13.7, if you cancel and end the Contract for any reason after Goods have been dispatched or delivered to you, you must return the Goods to Us or arrange for their collection. Please contact Us using the details provided above in Part 3 for a return label or to arrange collection.
      2. If you are exercising your right to change your mind under the cooling-off period as set out in Part 16, you must return the Goods to Us no more than 14 calendar days after the day on which you informed Us that you wish to cancel.
      3. We will cover the costs of returning the Goods to Us in the following circumstances:
            1. The Goods are faulty or misdescribed;
            2. You are cancelling and ending the Contract because of upcoming changes to these Terms of Sale that you do not agree to;
            3. You are cancelling and ending the Contract because of upcoming changes to the Goods that you do not agree to;
            4. You are cancelling and ending the Contract because We have made an error in the price or description;
            5. You are cancelling and ending the Contract because there is a risk that delivery of the Goods will be substantially delayed due to events outside of Our Control;
            6. You are cancelling and ending the Contract because you have a legal right to do so because We have done something wrong (including where We have not delivered the Goods on time and the circumstances in Part 13.7 or 13.8 apply).
      4. In all other circumstances including where you are exercising your right to change your mind under the cooling-off period, you must cover the costs of returning the Goods to Us.
  1. Refunds
      1. All refunds due to you will be made using the same method used by you when paying for the Goods. You will be refunded the price paid for the Goods, and for delivery, subject to the following limitations and deductions:
            1. If you are exercising your right to change your mind under the cooling-off period, We may reduce your refund to reflect any reduction in the value of the Goods if that reduction has been caused by your handling of the Goods in a way that would not be permitted in a shop. If We issue the refund before inspecting the Goods and subsequently discover that you have handled them in this way, We may charge you an appropriate sum.
            2. Standard delivery charges (i.e. the cheapest option available for your Order) may be refunded, but we do not reimburse premium delivery charges. If, for example, Our cheapest delivery option is, for example 3-5 days, but you select for example, 24 hour express delivery, your refund for delivery charges will only be equivalent to the cost of the cheaper option.
            3. You will not be refunded for delivery charges unless the Goods are faulty or an error has been made with the Order by Us.
      2. All refunds due to you will be made as soon as possible. If you are exercising your right to change your mind under the cooling-off period, We will issue your refund within 14 calendar days of:
            1. The day on which We receive the returned Goods;
            2. The day on which you inform Us (supplying evidence) that you have sent the Goods back (if this is earlier);
            3. If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel and end the Contract.
  2. Our Liability to Consumers
      1. We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
      2. We only supply goods for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
      3. Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
      4. Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer including, but not limited to, those explained above in Part 14.
  1. Complaints and Feedback
      1. We always welcome feedback from Our customers and, whilst We always use reasonable efforts to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
      2. If you have any complaints, please email us at shop@darling-backup.local
  1. How We Use Your Personal Information

We will only use your personal information as set out in Our Privacy Policy, available from DarlingMagazine.co.uk and Our Cookie Policy, available from DarlingMagazine.co.uk.

  1. What Happens if We Transfer this Agreement to Another Party

We may transfer (assign) Our obligations and rights under these Terms of Sale (and the Contract) to a third party (this may happen, for example, if We sell Our business). If this Occurs, We will inform you in writing. We will ensure that your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.

  1. Other Important Terms
      1. You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
      2. The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
      3. If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
      4. No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
  1. Alternative Dispute Resolution
      1. Alternative dispute resolution or ‘ADR’ refers to ways of resolving disputes between a consumer and a trader without going to court.
      2. If you are unhappy with how We have handled your complaint, we may choose to deal with this by way of ADR and provide you with the contact details for an ADR provider.
  2. Law and Jurisdiction
      1. These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
      2. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Part 26.1 takes away from or reduces your legal rights as a consumer.
      3. If you are a consumer, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Sale or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England.
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