All sales shall be deemed to be made between the buyer and Damn Delicious in accordance with the Terms and Conditions of Sale herein after mentioned. In the event of any conflict between the Conditions and any terms and conditions put forward by the Buyer, these conditions shall prevail.
No person has authority to make any representation on behalf of Damn Delicious, which is not made or confirmed electronically and/or in writing and the Buyer shall not rely upon any representation unless made or confirmed electronically and/or in writing.
The prices for all materials or goods supplied and transportation shall be strictly in accordance with those prices at the time of order currently notified and published by Damn Delicious unless otherwise confirmed electronically and/or in writing by Damn Delicious.
For Account customers all accounts and invoices are to be paid within 30 days of their date, unless some other terms have been specifically agreed and confirmed electronically and/or writing between the buyer and Damn Delicious. All overdue accounts will attract a charge of interest at the rate of 2% per month or part thereof. In the event that Court proceedings have been instigated, all costs relating to such proceedings will become the responsibility of the Buyer.
Retention of Title
The ownership of the goods shall not pass to the Buyer until the Buyer has paid to Damn Delicious the whole price thereof and the price of any other outstanding sale. If, notwithstanding that the ownership of goods has not passed to the Buyer, the Buyer agrees that, prior to the payment of the whole price of the goods, Damn Delicious may, at any time enter upon the Buyer's premises and remove the goods there from and that the Buyer shall keep the goods stored in an appropriate refrigeration or freezer unit, separate and identifiable for this purpose. Notwithstanding that ownership of the goods shall not pass to the Buyer save as provided above, the goods shall be at the risk of the Buyer from the time of collection or delivery to him of the goods.
It is the buyer’s responsibility to check the goods for damage or wrong delivery before accepting delivery. No claim for damages or wrong delivery can be made if the carriers receipt is signed as goods received in good condition, signing for goods as 'Not Inspected' can not be accepted and shall be deemed as the goods being signed as in good condition. Any claim for damages or wrong delivery must be made in writing within 3 days of receipt of goods, failing which all claims shall be deemed to be waived and absolutely barred.
Omissions or delays
Whilst every effort will be made by Damn Delicious to ensure that the correct quantity and quality of goods are delivered within a timely manner to the buyer, Damn Delicious will not be held liable for any damages caused by the omissions or delays. Where stocks of certain items are exhausted, alternatives may be offered.
All cases of force majeur such as wars, riots, strikes, lockouts, bankruptcy, fire, water damage, delay in transport, lack of means of transport, breakdown in factories or those of our suppliers or any other unforeseeable events give us the right to postpone the fulfilment of the contract, as well as to cancel it partially or wholly without thereby conferring on the Buyer the right to claim damages against Damn Delicious.
No contract will be deemed to exist until your order is confirmed and accepted by Damn Delicious.
The contract between Damn Delicious and the Buyer shall be deemed to have been made at the head office of Damn Delicious, Elmswood, Thankerton Camp Farm, Thankerton. Biggar. Lanarkshire. ML12 6PD
All contracts subject to these Conditions between the Buyer and Damn Delicious shall be subject to and interpreted in accordance with Scots law and the Buyer hereby agrees to submit to the non-exclusive jurisdiction of the Scottish Courts in respect of all claims, disputes or differences arising out of or in connection with any such contract.
We aim to deliver within 3 working days of the order being placed excluding Mondays (subject to cleared funds). We aim to contact customers to let them know when thier order will be delivered within 48hours.
The cost of shipping within the UK mainland is £12 (inc. VAT) for orders with a value under £65.00 which is added at the checkout. A surcharge may apply to some Northern Scotland and Island locations, such as Channel Islands, Shetlands, Isle of Man, please e-mail us to arrange delivery if you are in this area.
In the unlikely event that your item is not in stock, we will inform you and offer you either an alternative or another delivery date.
Goods must be checked upon delivery. Any damaged goods must be returned to the driver for return to Damn Delicious. Replacement goods or refunds will be issued within 7 days (Subject to product availability). We cannot accept liability for goods that have not been stored correctly.
Credit Card Security
We know of no documented cases of credit card fraud using our shopping system over the Internet. All credit card numbers are encrypted in the software when the order is placed using 128 bit Java encryption. This encryption begins at the form where you are asked for your credit card details. They are only decrypted after they reach the Protx bank computers; all that passes through the internet is a scrambled message. They are not held in clear text on any web site.
Your information is not stored on an internet active computer so your details cannot be accessed by a third party.
This system is the safest way to buy and is safer than passing your details over the phone lines and at least as safe as passing your card over a shop counter.
The seller accepting the payment is Damn Delicious, and that is what will appear on your statement.