Terms & Conditions
Use of the Website
These terms and conditions apply to the use of www.idagos.co.uk and the selling of products to you subject to the conditions set out below.
By using www.idagos.co.uk, you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you should not use or access this website.
If you have any questions relating to these terms and conditions please contact us before you place an order.
This site is owned and operated by IDAGOS
Torwood, Back Road, Lilliesleaf, TD6 9JD, Scottish Borders, UK
Telephone: +44 (0) 7761 53 47 17
1.1 In order to simplify the Terms and Conditions we have provided definitions of certain words or phrases. Where the words or phrases have been used this is the definition we are referring to:-
“Contract” an agreement to sell the item(s) which you have placed on order through our website and which incorporate these Terms and Conditions.
“Order” means an order placed by you for one or more of our products.
“You” “Your” means the person that is placing the order or simply using the website.
“We” “Us” “Our” this means IDAGOS.
“Website” means www.idagos.co.uk.
2.1 The use of this website and access to all the services provided are subject to all of the following terms, conditions and notices.
2.2 We reserve the right to change these Terms and Conditions at any time. Any such changes will take effect when posted on the website, it is your responsibility to read the Terms and Conditions on each occasion you use this website, and your continued use of the website shall signify your acceptance to be bound by the latest Terms and Conditions.
2.3 If you are not a consumer then you confirm you have authority to bind any business or person on whose behalf you use this website.
2.4 Access to certain areas of this website will require registration and subsequent access to the website will be subject to an approved login name and password. Information that you provide on this website must be accurate and complete. All password details are accepted and may be withdrawn at our sole discretion and are exclusive to you and non-transferable.
2.5 You are responsible for the confidentiality and maintenance of your personal account information and password. You accept responsibility for all activities which occur under your account and password. It is important that you keep your personal details and password confidential and secure. If you have any reason to suspect that your password has become known by someone else, has been or is likely to be used without your authorisation, you should contact us immediately. We shall not be liable to any person for any loss or damage as a failure by you to protect your password or account details.
We reserve the right to refuse access to the website, terminate personal/trade accounts, amend and remove content and cancel orders.
3. OWNERSHIP OF RIGHTS AND INTELLECTUAL PROPERTY
3.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights and all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensor. You are permitted to use this material only as expressly authorised by us or our licensor.
3.2 All rights on this website are owned by us. The website is for personal and non-commercial use only. Any attempt to copy, store or share content and information for commercial purposes is strongly prohibited. You must not attempt (and agree not to assist or facilitate any third party to attempt) to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from this website.
4.1 You guarantee that when you register with us as a customer all of the information that you provide is true, accurate and up to date. If any of the information provided changes, please amend the relevant details. If you have any problems doing this, please contact us.
4.2 You must not impersonate any other person or entity or use a false name or a name, which you do not have authority to use. You must not use the website in any way which will cause, or is likely to cause, the website to be impaired, damaged or interrupted in any way.
5. CUSTOMER CONDUCT
5.1 You must not use this website for any of the following activities:
For any fraudulent activity; In connection with any criminal activity or unlawful act; To transmit or distribute a virus, Trojan, worm or logic bomb; To transmit any material which is illegal, malicious, in any way offensive, obscene, defamatory or menacing; To cause annoyance, inconvenience or needless anxiety to others; In breach of copyright, trademark, confidence, privacy or other right; Send unsolicited advertising or promotional material, often referred to as spam. Under the Computer Misuse Act 1990, breaching this provision may be a criminal offence and we will report any breach to the law enforcement authorities and disclose your identity to them.
6. ACCESS TO THIS WEBSITE
6.1 We will make every effort to ensure that this website is available to use and is operating properly without any errors. However, we reserve the right, from time to time, to restrict access to the website to allow essential maintenance or upload new services and/or improvements, although we will ensure that any interruptions are kept to a minimum.
7. DAMAGE TO YOUR COMPUTER
7.1 We have made every effort to ensure that this website is free from viruses and defects. However, it is your responsibility to ensure that your computer is properly protected and updated with specialist screening software available to screen out anything which may damage it. We cannot guarantee that using this website or other websites, which can be accessed through this website, will not result in any damage to your computer.
8. LINKS TO OTHER WEBSITES
8.1 There may be links on this website, which will take you to other websites. We do not monitor these other websites and cannot control their content, privacy policies or services; as such, we do not accept any liability from the use of these websites.
9.1 All orders that you place on this website will be subject to acceptance in accordance with these Terms and Conditions.
9.2 All products for sale on this website are subject to availability; if for any reason your order cannot be fulfilled owing to lack of stock, you will be advised by email
9.3 Every product is sold subject to the product description and supporting information such as colour, estimated delivery dates etc. Any sizes are displayed as a guide and may be subject to change. We make every effort to ensure that the product colour is as accurate as possible, but the colours shown may vary depending upon the setting of your computer monitor. We cannot guarantee that the colour shown will accurately reflect the colour upon delivery. We will take all reasonable care to ensure that all of the product details, descriptions and prices are correct at the time when the information is uploaded onto the website. However, the information may not always exactly reflect the position when you placed an order. Please note that the delivery times are only estimates, and cannot be guaranteed. We reserve the right to refuse orders where the product information, price or product promotion has been incorrectly published.
9.4 All prices include VAT and are subject to change without prior notice.
9.5 Promotions on this website as subject to availability and we reserve the right to restrict quantity.
9.6 The confirmation stage sets out the final details of your order. Following this, we will send to you an order acknowledgement e-mail detailing the products you have ordered. This is NOT an acceptance by us of your order but confirmation of receipt of your offer to us to purchase products. Our acceptance of your order and completion of the contract between us will take place when we despatch your order.
9.7 We reserve the right to refuse an order. Non-acceptance of an order may be as a result of one of the following: the product ordered being out of stock; our inability to obtain the authorisation of payment; the identification of an error within the product information, including price and promotion; you not meeting the eligibility to order as set out in the Terms and Conditions.
9.8 You are seeking to enter into a contract with us when you place an order.
9.9 If only part of your order is available, we will contact you as soon as possible via email with details and options available..
9A. REFUND POLICY
9A.1 We operate a 7 day money back guarantee policy. We only send out products that are in perfect condition. If for any reason you are not completely satisfied with the quality of our products please contact us. We will issue a returns number and address, you can then return the sweets for an exchange or full refund. Items ordered in error will be subject to a 20% restocking charge.
9A.2 We cannot accept returns that have been tampered with, or opened or any product that is custom made or specially ordered in.
10.1 Details of all countries we deliver to are available on the basket/checkout pages. We cannot deliver to any country that is not on this list. All goods must be signed for by an adult aged 18 years or over on delivery. Your Government may impose customs duties and taxes on your goods. We will not be liable for any tariffs imposed.
For International deliveries, from time to time its necessary to calculate the volumetric weight of a package when the space a package occupies may cost more than the package’s actual weight. This is usually the case when a very light package is shipped in a large carton for example, as our checkout does not allow for this, if your orders volumetric weight exceeds it’s actual weight then we will require payment of the additional shipment charge, before your International order is despatched. This does not apply to UK orders.
10.2 We will make every effort to deliver goods within the estimated time scales; however, delays are occasionally inevitable due to unforeseen factors. We shall be under no liability for any delay or failure to deliver the products within estimated time scales.
10.3 All deliveries will be made according to the carriers standard procedures; therefore, we cannot guarantee a particular delivery date or time.
11.1 Payments can be made when the order is placed through the website via most major credit, debit cards or paypal. Goods will only be despatched once full payment has been received.
11.2 Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.
11.3 The price you pay is the price displayed on this website at the time we receive your order. While we try to ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods, you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you / we cancel and you have already paid for the goods, you will receive a full refund.
11.4 Payments made over the phone can only be delivered to the billing address and may be subject to delay due to further security.
11.5 Title to any products you order on this website shall pass to you on delivery of the product providing we have processed and received payment in full for the product.
11.6 All prices include VAT (where applicable) at the applicable current rate but will exclude delivery charges, unless expressly stated otherwise.
12 RETURNS AND CANCELLATIONS
12.1 In addition to our returns policy, under the Distance Selling Regulations you as a consumer have the right to cancel your full order / contract within seven days of receiving the goods. If you wish to cancel your order, you must notify us in writing and return the goods to us within fourteen days of receipt. When you exercise your right to cancel under the regulations ownership of the goods will revert to us. The Regulations impose a responsibility on you to take reasonable care of any goods that have been supplied. These obligations apply before as well as after you have given notice of cancellation. You have a duty to restore the goods to us. This means, that in the event you do not return the goods to us you must make them freely available to us for collection. Any costs incurred by us in collection will be deducted from any refund to you. The return of the goods will be at your own expense. Nothing in this clause affects our policy for the return or exchange of faulty or incorrect goods.
13. LIABILITY AND INDEMNITY
13.1 Nothing in these Terms and Conditions excludes or limits liability for death or personal injury caused by negligence or fraudulent misrepresentation.
13.2 Subject to 13.1, above we will not be responsible or liable to any user or third party for any damage and injury caused by any product, service, goods or information purchased through this website save insofar as we are liable under Scottish Law.
13.3 Subject to Section 13.1, we will use reasonable endeavours to verify the accuracy of any information on the site but make no representation or warranty of any kind express or implied, statutory or otherwise regarding the contents or availability of the site or that it will be timely or error free, that defects will be corrected, or that the site or server that makes it available is free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. We will not be responsible or liable to you for any loss of content for material uploaded or transmitted through the website and we accept no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
13.4 Subject to Section 13.1 above. Other than as expressly provided for in these Terms and Conditions with respect to specific products and except for the exclusive remedy set out at Section 12 above, any indemnities, warranties, Terms and Conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
13.5 Subject to Section 13.1 above we will not be liable, in contract, delict (including without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any economic losses (including without limitation) loss of revenues, data, profits, contracts, business or anticipated savings, loss of goodwill or reputation or any non foreseeable or indirect losses, suffered or incurred by that party arising out of or in connection with the provisions of any matter under these Terms and Conditions.
13.6 Notwithstanding the above, subject to Section 13.1, our aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents arising out of any claim.
13.7 This Clause 13 does not affect your statutory rights as a consumer nor does it affect your contract cancellation rights.
13.8 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
14.1 This website, the content within it and any contract resulting from using it are governed by and construed in accordance with Scottish Law and will be subject to the exclusive jurisdiction of the courts of Scotland. All contracts will be conducted in the English language.
14.2 These Terms and Conditions do not affect your non-excludable rights under law.
15 VARIATION / MISCELLANEOUS
15.1 There may be other legal notices on other areas of the this website, which together with the Terms and Conditions govern your use of the website in its entirety.
15.2 We reserve the right to make any changes, permanently or temporarily, to the website or any of the services and policies without notice to amend at our absolute discretion. You will be bound by the details of the Terms and Conditions or the website information which was in place at the time of use or when you placed your order. It is your responsibility to check regularly to determine if the Terms and Conditions have been changed. If you do not agree to the changes you should not continue to use the website.
15.3 If we are delayed or are unable to fulfil our obligations under these Terms and Conditions as a result of events beyond our reasonable control (force majeure), including (but not limited to) strikes, lockouts, failures of third party systems, acts of God, fire, earthquake, storm, flood, natural disaster, civil unrest, acts of terrorism, deliberate damage to equipment or data, or damage of premises or equipment, we cannot be held responsible. This does not affect your statutory rights.
15.4 This website does not sell products to people under the age of 18. If you are under 18, you need a parent or guardian over the age of 18 to purchase on your behalf.
15.5 You may not assign or sub-contract any of your rights or obligations under these Terms and Conditions or any related order for products to any third party unless agreed upon in writing by us.
15.6 We reserve the right to transfer, assign, novate or sub-contract the benefit of the whole or part or any of our rights or obligations under these terms and conditions or any related contract to any third party.
15.7 If any portion of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or unenforceability of the other sections of these Terms and Conditions shall not be affected.
15.8 No delay or failure by us to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by our authorised representatives.
15.9 These Terms and Conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and us relating to the use of this website (including the order of products), and sets forth the entire agreement and understanding between you and us for your use of the website.
15.10 We may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that as you have chosen to enter a linked website we are not responsible for the availability for such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation any advertising, content, products, goods or other materials or services on or available from such websites or resources, or (iii) the use to what others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
16 DISPUTE RESOLUTION
16.1 Should you have any dispute, please contact us.
If you experience any difficulty using this website or have any feedback for us regarding the accessibility of the site then please do not hesitate to contact us.