TERMS AND CONDITIONS

Updated 13.2.2018

Hello! You have arrived at the Dizziak website. These terms and conditions (the ‘terms’) apply when you access the website www.Dizziak.com (the ‘website’) or place orders to purchase any of the products made available to you on the website (collectively, the ‘services’). Any reference to ‘we’/’us’/’our’/’Dizziak’ in these terms is a reference to Dizziak Limited and any reference to ‘you’/’your’ means you, the user of the website.

By accessing this website in any way, including, without limitation, browsing this website, using any information, placing orders to purchase any of the products on this website, and/or submitting information to us, you agree to and are bound by the terms, conditions, policies, and notices contained on this page. We recommend that you keep a copy of these terms for future reference.

Access to this website is permitted on a temporary basis, and we reserve the right to withdraw or amend the services without notice. We will not be liable if for any reason this website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this website.

We reserve the right to change or modify these terms including for legal, regulatory or security reasons at any time. Whilst we will highlight changes on the website and/or send emails in relation to major changes, it is your responsibility to check the terms for changes. If you do not agree to any of the terms then you can stop using the website at any time. If you have any questions, concerns, or comments about our terms please email us at info@dizziak.com

DIZZIAK

Dizziak Limited is a registered company. Company number ; 10781940

Registered office: DIZZIAK, 36-38 Westbourne Grove, London, W2 5SH. VAT number: 283 6087 78

THIRD PARTY WEBSITES

This website may also contains links to other websites, which are not operated by us, (the ‘linked sites’.) We have no control over the linked sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the linked sites will be subject to the terms of use and service contained within each such site.

LIABILITY STATEMENT

The information available on or through this website, and the services supplied via or in connection with this website is intended as information only and does not constitute advice or medical advice. Products are for cosmetic purposes only.

Where the website or any submission made by any user includes views, opinions, advice and recommendations, these views, opinions, advice and recommendations

are not endorsed by us and we do not accept any liability on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of such views, opinions, advice and recommendations.

We try to make sure that all information contained on the website is correct, but the information is of a general nature and not intended to comprise of all the information relating to the subject matters referred to by the website and therefore we do not accept any liability for any error or omission and exclude all liability for any action you may take or loss or injury you may suffer (direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising) as a result of relying on any information on this website.

Subject to statutory limits and exclusions for death or personal injury caused by our negligence, or for fraud, our liability to you in connection with any product purchased through the website is strictly limited to the purchase price of that product.

YOUR ACTIVITY

When using this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in your Account/Profile area of the website. We reserve the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.

INTELLECTUAL PROPERTY

The intellectual property rights in all software and content on this website remains the property of Dizziak or our licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by us and our licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this website nor may you use any such content in connection with any business or commercial enterprise.

You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by us and our licensors.

CONTENT

Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of ‘spam.’ You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content.

We reserve the right to remove or edit any content.

If you do post content or submit material, and unless we indicate otherwise, you grant:

(1) us and our affiliates non-exclusive, royalty-free and fully sub licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and

(2) us and our affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose.

You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at our request.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to us:

(1) the content and material is accurate; and

(2) use of the content and material you supply does not breach any applicable policies of ours or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify us and our affiliates for all claims brought by a third party against us or our affiliates arising out of or in connection with a breach of any of these warranties.

LINKS

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.  You must not establish a link from any website that is not owned by you. This website must not be framed on any other site, nor may you create a link to any part of this website other than the home page. We reserve the right to withdraw linking permission without notice.

PERSONAL INFORMATION

Personal information is governed by Dizziak’s privacy policy, which forms part of these terms and conditions. In the event that Dizziak undergoes reorganisation or is sold to a third party, you agree that any personal information Dizziak holds about you may be transferred to that reorganised entity or third party and used in accordance with the Privacy Policy.

PURCHASING PRODUCTS

The Site or documents sent with a Product, or the packaging or labelling of a Product may contain instructions for use, warnings, contra-indications and other notices. You must read and follow these notices carefully and ensure others who use the Products do so. Subject to the important liability statement, we will not be legally responsible to you if any of these are not observed.

Dizziak does not sell Products to children under the age of 16 on this Site although it may sell Products suitable for children to adults. By ordering Products you represent that you are 16 years of age or older.

In order to purchase Products, you must submit a valid Visa, Visa Electron, Mastercard, American Express, Delta or Switch credit or debit card, or valid PayPal payment login. You warrant that the payment card or PayPal login you submit is yours. All credit/debit card holders and Paypal users are subject to validation checks and authorisation by the card issuer or payment provider. Dizziak is not responsible in the event that your payment card provider refuses to authorise payments.

Information displayed on the Site as to pricing and availability is subject to change by Dizziak. Payment for the Products will be made via the Site in accordance with the procedure explained on the Site.

While we aim to be accurate, any availability information or dispatch estimates on the Site in relation to Products are approximate. As we process your order, we will inform you by e-mail, telephone or SMS, if any Products you order turn out to be unavailable. Please allow up to 14 days for delivery.

Products will be dispatched to your delivery address as soon as reasonably possible. Delivery charges and sales tax will be made in accordance with your location and you will be informed of the relevant charge on the Site before you confirm your order. Please note, any orders we accept which require delivery outside the EU will be delivered duty unpaid.

ORDERS

For overseas orders, please note the delivery may be subject to import duties and/or additional taxes or expenses incurred due to complying with foreign regulatory requirements or laws.

You will be responsible for payment of any such duties and/or taxes in addition to our price. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office or taxation authority for further information before placing your order.

You must comply with all applicable laws and regulations of the country for which the Goods, Services and Digital Content are destined. We will not be liable for any breach by you of any such laws.

In the event that we accept an order destined for a non EU country, please ensure that you enter the correct international delivery address and postcode. If the address is entered incorrectly or if customs duties or formal customs entry are required, the delivery may be delayed. We are unable to offer you any assistance if either issue arises.

Purchases will be completed in pounds Sterling or Euro’s. Your bank or credit card provider will determine and apply the then current exchange rate and may charge you administration costs. Please contact your bank or credit card provider before making a purchase to ensure you are aware of any such costs.

PROMOTIONS

On occasion we may offer promotional discount or free delivery codes which may apply in respect of any, or certain specified, purchases made though this Website. The conditions of use relating to any discount code will be specified at the time of issue.

Only one promotion code can be used per order unless specified otherwise.

We cannot retrospectively apply a promotional code to your order. If you place an order without correctly applying the promotional code, we will be unable to reimburse you the discount once the order has been placed.

Different promotional codes will have different expiration dates, we reserve the right to cancel an offer at any time or extend an offer.

Different promotional codes will have different usage allowances; we reserve the right to limit usage to one per person.

We reserve the right to:

(1) cancel this offer at any time;

(2) refuse to allow any individual to participate in the offer;

(3) decline to accept orders where, in its opinion, an Offer code is invalid for the order being placed; and

(4) amend these terms and conditions (and will use reasonable endeavours to notify changes to all customers).

REPEAT PURCHASES

If you order a Repeat Purchase, you agree that we may send you the same Product(s) in the same quantities and on the same chargeable basis depending on which frequency you have chosen from the date of your first order, and that we may debit the credit or debit card or charge the PayPal account you submit for your first order for the same amount (including applicable sales tax and postage) on each subsequent dispatch of Products. We will send you a confirmatory email with each dispatch of Products. Unless you notify us that you want to cancel these Repeat Purchase orders you will continue to be sent the same Products and your credit or debit card or PayPal account will be charged the price and relevant sales tax and postal charges depending on which frequency you have chosen. Once you have purchased your first Products, the price for such Products will change if:

(1) you change your address and the applicable sales tax or postage changes accordingly; or

(2) our prices advertised on the Site increase, in which case we will notify you the new price and the first of your Products to be affected will be the first batch of Products sent after the price change. Price changes will not affect your cancellation rights.

You may cancel future Repeat Purchase orders at any time by sending an email to info@dizziak.com

On receipt of your email, we will make every reasonable effort to cancel your Repeat Purchase orders before any further Products are dispatched to you. If, however, your cancellation is not processed by us in time to prevent a further dispatch of Products to you, you can cancel such Products when you receive them.

When you select the option to allow us to store your card details we will do so using the Sage Pay Token System. When you select a Repeat Purchase Product we will automatically store your card details via the Sage Pay Token System.

The Token System is a safe way for us to keep card details without actually storing them. Sage Pay store and convert your sensitive payment information into a secure token or “alias”. This token is then used by us to process future transactions as and when required, without asking for your card details each time.

It is your responsibility to inform us of any change of address or other relevant details such as payment card details.

CONTRACT

After placing an order, we will email you acknowledging your order. This order constitutes an offer to Dizziak to buy a Product via the Site (and Dizziak reserves the right to refuse orders for Products). No contract will exist in relation to the Products until we have emailed you a dispatch confirmation. Our acceptance to your offer will be deemed complete and the contract between us shall be formed when we send you the Dispatch Confirmation email.

CANCELLATION RIGHTS

You may cancel your order at any stage before the Products are dispatched to you, and up to 14 days after receipt.  The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

Where we part ship multiple items the cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.

To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear written statement sent by email via info@dizziak.com or via the Contact Us page on the website (‘a Notification of Cancellation’).

To cancel an order after confirmation of dispatch please follow the Returns Procedure.

You should provide adequate means to identify you as the Purchaser such as the full name and email address entered when placing the order and to identify the Order such as Order Number, date placed, etc. to avoid any confusion should you have placed a number of orders with us.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

You may not cancel your order if the Products are not suitable for return due to health or hygiene reasons or if unsealed after delivery, unless such Products were damaged or faulty when delivered to you.

Where you decide to cancel an order after we have dispatched the Products, you will be under a duty to return them to us, at your own risk. We will not be responsible for any loss or damage to the Products in transit. All such Products should be returned within 14 days of Notification of the Cancellation. Until such time as they are returned, you must retain possession of the Products and take reasonable care of them.

You should return the Products to us unused together with the original Product packaging, in accordance with our Returns Procedure. You are responsible for the cost of you returning the Products to us.

After you cancel your order and return the Products we will reimburse you all sums for returned goods (excluding postage and packaging).   We may make a deduction from the reimbursement for loss in value of any Products if the loss is a result of unnecessary handling by you or inadequate packaging of the returned Products. This would include for example the unsealing of sealed products, damage to the product even if still sealed, damage to packaging due to tearing.  We will notify you of your refund via e-mail within a reasonable period of time. We will make the reimbursement using the same method originally used by you to pay for your purchase. Refunds for Products purchased as gifts or sent to a different name and delivery address from the Billing Address can only be given to the credit/debit card of the person who placed the order. We will process the refund due to you as soon as possible and, in any case, within the earlier of:

(1) where no Products were dispatched 14 days of the day you provide your notice to cancel the order;

(2) 14 days of the day we receive back the Products from you; or

(3) 14 days of the day you provide us with evidence that you have returned the Products.  Responsibility remains yours until delivered to us, we therefore recommend using a tracked or signed for service.

If any Product you purchase is damaged, faulty or incorrect, when delivered to you we may offer an exchange or refund as appropriate, in accordance with your legal rights. If you believe a Product is faulty, you should return the Product to us in accordance with the Returns Procedure.

As you are a consumer, we are under a legal duty to supply products that are in conformity with this contract. As a consumer, you have legal rights in relation to products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause or anything else in these Terms.

SECURITY
We exercise all reasonable skill and care to ensure that our website is secure and free from viruses and other malware. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via our website. You must not attempt to gain unauthorised access to any part of our website, the server on which our website is stored, or any other server, computer, or database connected to our webite. You must not attack our website by means of a denial of service attack, a distributed denial of service attack, or by any other means.


By breaching these provisions, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.

ELECTRONIC COMUNICATION

When you visit www.dizziak.com or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

INDEMNITY

You agree to indemnify, defend and hold harmless Dizziak, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this website or your breach of the Terms & Conditions.

INVALIDITY

If any part of the Terms & Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms & Conditions will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

COMPLAINTS

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments by contacting us via info@dizziak.com 

WAIVER

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

GOVERNING LAW

These terms and conditions are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.

AGREEMENT

The above Terms & Conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Dizziak. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Dizziak.

CONTACT

Dizziak Limited

Email: info@dizziak.com

COOKIE POLICY

Please review our Security, Privacy and Cookie Policy which forms a part of these terms and conditions and governs your visit to the website.

Policy

We, or service providers acting on our behalf, may use cookies. Cookies are small encrypted text files that are stored on your computer or other device to keep track of information about your browsing when visiting this website. We use a number of different cookies on this site. If you would like further information or you would like to know how to control or delete them, please visit www.aboutcookies.org

Our website requires the use of some cookies to enable you to be able to browse and add items to your shopping bag – without these cookies you would not be able to place your order. We also use cookies for some of the following reasons:-

* Track our sales

* Product ratings & reviews

At no point do our cookies or those of our third parties store your personal payment information.

Cookies for site performance

We use Google Analytics, Google Double-Click, Google Adwords to understand and monitor the effectiveness of our site.

We have classified our cookies into two different types; First and Third party cookies. First party cookies are the cookies that we have set so that we can offer you a fully functional experience when shopping our site. Third party cookies are set by our business partners such as Social Media – Twitter, Facebook and Youtube which we use to display video content.

1st party cookies

In order to be able to shop on `Dizziak.com we require your computer to accept cookies. Some of our cookies (classified as First Party cookies) are essential to enable the shopping basket and sign-in functions on our website, without them you would not be able to place an order with Dizziak.com.

Our cookies don’t store personal information such as name, address or any payment details. Below is a list of the main cookies that we use and what we use them for, some of our partners also use cookies which you can find detailed under Third Party Cookies.

3rd  party cookies

We work with carefully selected suppliers who also use cookies on our website. These cookies enable certain features that are run in conjunction with partners such as Facebook, Twitter & YouTube to function. We don’t control the setting of some of these cookies so for more information about please visit the relevant third-party website.

Please note: It is possible to turn off your cookies through your website browser settings using “Private Browsing mode whilst viewing this site (called “Incognito” in Chrome, “In Private” for Internet Explorer, “Private Browsing” in Firefox and Safari etc), however this will affect the functionality and experience of our site.

We use non-personal identifiable information for internal business and marketing purposes and to help administer and improve our website for your shopping and user experience. We may use the information you provide in aggregate form for internal business purposes to analyse trends and site traffic patterns to improve our content, merchandise, and services.

We also work with service providers that use cookies and web beacons to collect information about your visits to our website and to other websites you may visit, and to serve advertisements to you across the Internet based on that information.

PRIVACY POLICY

Introduction

Welcome to Dizziak Ltd’s privacy notice.

Dizziak respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

  1. Important information and who we are

Purpose of this privacy notice

This privacy notice aims to give you information on how Dizziak collects and processes your personal data through your use of this website, including any data you may provide through this website when you sign up to our newsletter, purchase a product or service or take part in a competition.

This website is not intended for children and we do not knowingly collect data relating to children.

It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.

Controller

Dizziak Ltd is the controller and responsible for your personal data (collectively referred to as ‘Dizziak’, ‘we’, ‘us’ or ‘our’ in this privacy notice).

Contact details

Our full details are:

Full name of legal entity: Dizziak Ltd (CRN: 10781940)

Email address: Info@dizziak.com

Registered address: 36-38 Westbourne Grove, London, W2 5SH

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

Changes to the privacy notice and your duty to inform us of changes

This version was last updated on 9th March 2018.

The data protection law in the UK will change on 25 May 2018. Although this privacy notice sets out most of your rights under the new laws, we may not yet be able to respond to some of your requests (for example, a request for the transfer of your personal data) until May 2018 as we are still working towards getting our systems ready for some of these changes.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-party links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

  1. The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

  • Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
  • Contact Data includes billing address, delivery address, email address and telephone numbers.
  • Financial Data includes bank account and payment card details.
  • Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
  • Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
  • Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses. 
  • Usage Data includes information about how you use our website, products and services.
  • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

  1. How is your personal data collected?

We use different methods to collect data from and about you including through:

  • Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
  • apply for our products or services;
  • create an account on our website;
  • subscribe to our service or publications;
  • request marketing to be sent to you;
  • enter a competition, promotion or survey; or
  • give us some feedback.
  • Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Please see our cookie policy for further details.
  • Third parties or publicly available sources. We may receive personal data about you from various third parties as set out below:
  • Technical Data from the following parties:
      1. analytics providers such as Google based outside the EU;
      2. advertising networks based inside the EU; and
      3. search information providers such as Google based outside the EU.
  • Contact, Financial and Transaction Data from providers of technical, payment and delivery services based inside the EU.
  • Identity and Contact Data from data brokers or aggregators such as Experian or Equifax based inside the EU.
  • Identity and Contact Data from publicly availably sources such as Companies House and the Electoral Register based inside the EU.
  1. How we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • Where we need to perform the contract we are about to enter into or have entered into with you.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where we need to comply with a legal or regulatory obligation.

Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.  We will not pass any personal data to third parties for marketing or advertising purposes without your express prior consent.

Promotional offers from us

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased goods or services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.

Third-party marketing

We will get your express opt-in consent before we share your personal data with any company outside Dizziak for marketing purposes.

Opting out

You can ask us or third parties to stop sending you marketing messages at any time by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.

Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our cookie policy.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

  1. Disclosures of your personal data

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

  • External Third Parties as defined below.
  • Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

  1. International transfers

We do not transfer your personal data outside the European Economic Area.

  1. Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

  1. Data retention

How long will you use my personal data for?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for si years after they cease being customers for tax purposes.

In some circumstances you can ask us to delete your data: see below for further information.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

  1. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Further details are set out below.

If you wish to exercise any of these rights, please contact us.  No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

  1. Glossary

LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

THIRD PARTIES

External Third Parties

  • Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers consultancy, banking, legal, insurance and accounting services.
  • HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.

YOUR LEGAL RIGHTS

You have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

RETURNS AND SHIPPING

Returns information

Returns
We hope that you are really happy with your order but if for any reason you are not, you may return your order at any time up to and including 14 days from the date of delivery provided the goods remain unopened and in their original packaging. 
 

If you return your purchase by post or courier after the 14-day period, we reserve the right to not offer you a refund in full.

Please ensure returned goods are stored safely as we will not be responsible for goods that are damaged whilst in your care. You are required to arrange and pay for postage of any returned goods. We would suggest using a secure delivery service to return the item/s to ensure that they reach us.

To arrange a return please contact info@dizziak.com and we will allocate you a Returns Code and returns address.  Please include your full details and this code with the package to ensure we can process your return as efficiently as possible.

Once we receive your returned goods, a refund, if appropriate, will be issued for the full value of your purchases. This will be charged back as a credit to the card used for the original purchase.

Please note – no refund or exchange will be given without proof of purchase or for goods that we reasonably believe have been used. In such circumstances, we will notify you that no refund will be available and you will be responsible for arranging for such goods to be returned to you within 14 days of our notification.
By law, customers located in the European Union also have the right to withdraw from the purchase of an item within seven working days of the day after the date the item is delivered. Your statutory rights remain unaffected.