These terms and conditions (‘the Terms’) govern the users (‘you’ or ‘your’) use of the website www.dekai.co.uk (‘the Website’) and any orders you place.
Please read them carefully as they affect your rights and liabilities under law. If you do not agree to these Terms, please do not access nor use the Website. If you have any queries regarding these Terms then please contact us.
- These Terms and Conditions will apply to the purchase of the goods by you. We are Dekai Ltd (Company number: 12637304) of Annie Reed Road, Beverley, East Yorkshire, HU17 0LF (refered to herein as the Supplier, us, we or our).
- These are the terms on which we sell Goods to you. By using the Website you agree to be bound by these Terms and Conditions. Before placing an order on the Website, you will be asked to confirm your agreement of these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to complete your Order.
- Customer means a Business using the Website to purchase Goods;
- Contract means the legally-binding agreement between you and us for the supply of the Goods;
- Delivery Location means the Customer’s premises or other location where the Goods are to be supplied, as set out in the Order;
- Goods means the goods advertised on the Website that we supply to you of the number and description as set out in your Order;
- Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
- Fulfilment means the delivery of Goods ordered to the Delivery Location.
- Website means our website wwww.dekai.co.uk on which the Goods are advertised.
Wholesale Account Membership
- The Dekai Ltd Wholesale Account program is a membership benefit exclusively for successful applicants. The program allows UK-based retail businesses to purchase products from Dekai Ltd at a significant discount compared to the regular retail price.
- Wholesale accounts are intended for businesses who wish to resell products to the general public. The Dekai Ltd Wholesale Account program is intended to operate as a business-to-business retail channel between Dekai Ltd and any businesses accepted as a member of the program. “Business” is defined as one of the following UK legal entities: sole trader, partnership, limited liability partnership or limited liability company. Wholesale discounts are not offered to the general public nor are equivalent discounts offered for non-wholesale “bulk purchases”.
- Wholesale accounts are only available to businesses based within the UK.
- All applicants must provide evidence of an existing or newly established retail operation e.g. retail website, retail shop, eBay store etc.
- Applications are not accepted from the following business types: retailers who exclusively sell through third party marketplaces, dropshipping retailers, affiliate marketing retailers, student business projects, private membership clubs or group purchasing schemes, businesses operating any activities supervised or overseen by the Gambling Commission or any business which Dekai Ltd believes association with may impact negatively on Dekai Ltd.
- Membership of the Dekai Ltd Wholesale Account program will not be extended on a prospective basis to yet-to-be-established businesses. Acceptance into the Dekai Ltd Wholesale Account program is at the sole discretion of Dekai Ltd.
- Upon acceptance into the Dekai Ltd Wholesale Account program an order with a minimum value of £150 (excluding VAT) must be placed within 7 days. If no initial order is received within 7 days then Dekai Anime reserves the right to revoke program membership.
- To continue benefitting from the discounts and benefits of Dekai Ltd Wholesale Account program membership atleast 1 order must be placed for a minimum value of £150 (excluding VAT) every 6 months. After 6 months of no orders (or orders less than the minimum order value) Dekai Ltd reserves the right to deactivate program membership. Businesses who have had Dekai Ltd Wholesale Account program membership deactivated are free to reapply for membership.
- Dekai Ltd shall use its reasonable endeavours to ensure that all information on the Dekai Ltd Wholesale Account program is accurate, but makes no representation as to the accuracy of the same and shall not accept liability for any loss or damage caused by inaccurate information.
- Submitting an application for Dekai Ltd Wholesale Account membership includes acceptance of these terms and conditions.
- Dekai Ltd may suspend any Dekai Ltd Wholesale Account program member on reasonable suspicion of unauthorised access, fraud, misconduct or breach of these Conditions until such time as Dekai Ltd is satisfied that such action has ceased or been rectified.
- Dekai Ltd reserves the right to amend, cancel or temporarily suspend the Dekai Ltd Wholesale Account program, in whole or in part, or change any of the Terms and Conditions at any time for any or no reason, including without limitation, in the event of fraud, abuse of program privileges or violations of Terms and Conditions, as determined in Dekai Ltd’s sole discretion without notice to Dekai Ltd Wholesale Account members and which may result in the forfeiture of all associated benefits afforded to Dekai Ltd Wholesale Account members.
- We may contact you by using e-mail or other electronic communication methods and by pre-paid post for marketing purposes if you have expressly agreed to this
- We may also contact you where it is necessary to communicate information regarding your Order(s).
- Customers may only have 1 registered account on our website.
- We do not accept orders from or offer accounts to individuals under the age of 16. Services provided by us are subject to the customer being over 16 in age.
Goods and Labelling of Goods
- The description of the Goods is as set out in the Website or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
- In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
- All Goods which appear on the Website are subject to availability.
- We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
- Wholesale products will include appropriate English language labels containing ingredient and allergy information. If not already attached to products, these labels should be attached prior to sale.
- Dekai Ltd does not accept any liability in the event of any issues arising from products sold without these ingredient and allergy information labels attached. It is the responsibility of the business/retailer that wholesale goods are provided to that they ensuring their own customers are aware of ingredient and allergy information. Dekai Ltd does not accept any liability in the event of any issues arising from products regarding ingredient and or allergy information.
- The description of the Goods in our Website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we may reject it for any reason, although we will try to tell you the reason without delay.
- All orders are accepted on a Business to Business basis and on the basis that we do not sell to individual consumers.
- The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
- We require a minimum order value of £150 to be placed. Orders less than this value will not be accepted.
- A Contract will be formed for the sale of Goods ordered only when you receive an final invoice from us.
- Prior to fulfilment we may provide an automated Order Confirmation e-mail. This confirms the placement of your Order. You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. This e-mail does not constitute the formation of a contract to supply Goods.
- Prior to Fulfilment we may amend or cancel the order for any reason, including (but not limited to) availability of the Goods, Customer request and incorrect information.
- Dekai Ltd endeavours to ensure that the quantity of stock available for purchase via the Dekai Ltd website is accurate, however, on occasion stock quantities may be inaccurate and therefore products may be unavailable in the quantity originally ordered. The value of any products which are found to be unavailable will be applied as a credit against their next order if this is identified after payment has been made.
- No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
- No Contract will be entered into involving more than 1 Customer per order. Customer accounts are intended for the sole use of a single Customer and the sharing of an account to place Orders for multiple individuals is prohibited.
- In the event that a Customer is found to be sharing their account and placing orders on behalf of multiple individuals or businesses, their account will be suspended.
- We reserve the right to cancel orders or close Customer accounts where they are found to be shared amongst multiple individuals.
- We intend that these Terms and Conditions apply only to a Contract entered into by each Customer as a Business. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a consumer.
- All wholesale orders are FINAL and non-refundable.
Price and Payment
- The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
- We endeavour to make sure correct pricing information is available however we reserve the right to update pricing, reject or amend orders or take any other actions necessary where prices shown were incorrect at any time.
- Individual product prices and charges exclude VAT. VAT will be calculated at the rate applicable at the time of checkout or production of a final invoice.
- Wholesale pricing applies to in-stock items available for purchase through the Dekai Ltd website only. Any items on offer via our other sales channels that may be subject to “Sale” or “Clearance” promotions are also excluded from benefiting from any additional discount as these promotions are not available via the Dekai Ltd website.
- We reserve the right to amend or update prices and charges subsequent to the placement of an Order in the event we become aware of pricing errors or substantial additional charges we will incur to fulfil the order. If this occurs we will endeavour to contact you to discuss how to proceed with the Order.
- All Orders placed a final, non-cancellable and non-refundable.
- Payment terms for all wholesale orders are payment in advance. Payment must be made prior to shipping.
- All wholesale orders must be paid via BACS (Bank Transfer).
- We accept debit/credit card or PayPal payments for wholesale orders on request, however, this will incur a surcharge. Surchages will be provided upon request and are specific to each order place. Any surcharges will be added to the final invoice provided prior to payment being made.
- Any wholesale orders paid via debit/credit card or PayPal without prior approval will be refunded and the order will be held until BACS payment has been completed.
- We will contract a Courier or Postal Service to deliver the Goods, to the Delivery Location without undue delay.
- Most orders are shipped within 5 working days (Monday-Friday) after a final invoice has been paid.
- Please note that during exceptionally busy periods, such as November and December (prior to Christmas) or during Sale periods it may take longer to ship orders due to the number of orders being processed.
- No compensation can be offered for deliveries that take longer than any estimated delivery time provided.
- If we accept an Order for delivery outside of the following areas, England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands, you may need to pay import duties or other taxes, as we will not pay them.
- We do not ship orders to Post Office boxes or international package forwarding services such as (but not limited to) Aramex, Borderlinx or vPost. Any such orders placed will be cancelled and refunded.
- You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason including the provision of pre-ordered Goods ordered prior to us receiving stock, subject to the above provisions and provided you are not liable for extra charges.
- We reserve the right to select the courier or postal service used to deliver your Order as we deem to be most appropriate based on factor including but not limited Order size, value and fees charged or incurred. Usage of a specific courier or postal service to deliver an Order does not guarantee the same will be used to deliver subsequent Orders.
- Should a Customer wish to use a specfic shipping method or courier this can be arranged but this may incur additional expense if Dekai Ltd does not have a business account with the courier.
- If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
- The Goods will become your responsibility from the completion of delivery. You must, if reasonably practicable, examine the Goods before accepting them.
- Completion of delivery is determined as being when the Goods are delivered to the Delivery Location. This is based on the date and/or time that the courier or postal service used records the Goods as having been delivered.
- The courier or postal service may confirm delivery by updating tracking information, providing delivery confirmation or other means of recording completion of delivery. This is considered to be proof of completion of delivery. In the event that the courier or postal service has recorded the Goods as delivered but the Customer does not believe this to be the case, we reserve the right to consider the goods delivered unless proof can be obtained by the Customer to establish the delivery confirmation is incorrect.
- It is the responsibility of the Customer to provide information regarding the Delivery Location. We are not liable for any non-delivery or the non-receipt of any Goods if the information provided about the Delivery Location, the Customer or their intended recipient at the Delivery Location is incorrect, partial or false.
Risk and Title
- Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
- You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal, return of goods and cancellation
- You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
- Once a final invoice has been isued and payment has been made, the Order is non-cancellable and non-refundable.
- In the event you receive defective Goods please e-mail [email protected]. Where Goods received are defective we may offer a credit, exchange for undamaged goods or other remedy we determine to be suitable. This may be subject to the return of the damaged Goods and any remedy or compensation is decided at the discrition of Dekai Ltd.
- We are unable to accept the return of goods or offer any refund/compensation for goods damaged during use by the customer or damaged after delivery. This includes accidental damage, mishandling of goods, damage sustained through normal use or aging, or the passing of any Best Before or Use By dates.
- In the event of any Goods being returned to Dekai Ltd, the Customer is responsible for safely packaging the item and all items should be returned with their original packaging/product tags and in an untampered and undamaged state.
- If any reimbursement is provided for any reason, we may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling or by you (i.e. handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: e.g. it goes beyond the sort of handling that might be reasonably allowed in a shop or damage to packaging). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss. This deduction will be a minimum of 15% of the price paid by the Custome for the Goods.
- If Goods are returned missing their original packaging and/or in a non-resaleable state no refund will be permissible.
- Whether Goods are in a non-resaleable state will be determined exclusively at our discretion upon receipt of the returned Goods.
- If any reimbursement is provided for any reason, we will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
- An excessive number of cancellations may adversely effect your account and lead to account closure. We reserve sole discretion in determining the amount of cancellations which are considered excessive.
- We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
- Upon delivery, the Goods will:
- be of satisfactory quality;
- be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
- conform to their description as best as possible.
- It is not a failure to conform if the failure has its origin in your materials or subsequent handling of the goods.
Circumstances beyond the control of either party
- In the event of any failure by a party because of something beyond its reasonable control:
- the party will advise the other party as soon as reasonably practicable; and
- the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below.
- Your privacy is important to us. To respect your privacy and meet legal requirements regarding your personal information, we comply with the General Data Protection Regulation.
- For any enquiries regarding data privacy, you can contact our Data Protection Officer at the following e-mail address: [email protected]
- The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g. loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
Copyright in the whole and every part of the Dekai Ltd Wholesale Account program belongs to Dekai Ltd or its licensors and may not be used, sold, licensed, transferred, copied or reproduced in whole or in part in any manner or form or in or on any media to any person other than in accordance with the terms of Dekai Ltd’s agreement or otherwise without the prior written consent of Dekai Ltd. Users of the Dekai Ltd website warrants and represents that he/she will not copy, reproduce, alter, modify or create derivative works from the content contained in the Dekai Ltd Wholesale Account program.
Governing law, jurisdiction and changes
- The Contract (including any non-contractual matters) is governed by the law of England and Wales.
- Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
- In the event of a dispute regarding any element of the Dekai Ltd Wholesale Account program, the decision of Dekai Ltd will be final. A waiver by Dekai Ltd of a breach of any term or condition of these Terms shall not be deemed as a continuing waiver or a waiver of any subsequent breach of the same of any other provisions. The provisions of the Contracts (Rights of Third Parties) Act 1999 (or any analogous laws) shall not apply to these Terms. If a competent authority decides any part of these Terms cannot be enforced, that particular part will not apply but the rest will.
- We may change our terms and conditions at any time. Please do not assume that previously agreed terms apply to future orders.