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 firstname.lastname@example.org
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
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.
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.
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.
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.
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.
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.
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.
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).
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 email@example.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.
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.
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 firstname.lastname@example.org 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.
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.
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.
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.
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.
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 email@example.com
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.
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.
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.