1.1 Please read these terms and conditions before using the robertdyas.co.uk website (“Website”) or ordering any products from our Website (“Products”) as, in accessing and using our Website or ordering any Products through our Website, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
1.2 These terms and conditions are applicable to the use of the Robert Dyas Website and do not apply to purchases made in our stores.
1.3 This page, together with all documents referred to on it, tells you the terms and conditions on which we allow access to and use of our Website and/or supply any of the services or any of the products listed on our Website to you. For the avoidance of doubt, any reference to terms and conditions shall include all documents referred to on this page and within the text of any such documents also. These terms and conditions will also apply to any correspondence entered between us.
1.4 The Website is operated by Robert Dyas Holdings Ltd, a limited company registered in England & Wales under company number 4041884, whose registered office is at Cleeve Court, Cleeve Road, Leatherhead, Surrey, KT22 7SD, United Kingdom and whose VAT number is GB742 7201 53 (”Robert Dyas”, “our”, “we” or “us”).
1.5 Robert Dyas will do its best to ensure that all content published on the Website is accurate, however all content on the Website is provided on an ‘as is’ basis. Robert Dyas makes no representations or warranties of any kind with respect to our Website or its contents and disclaims all such representations and warranties. You agree to assume total responsibility and risk for your use of the Website and of all information contained within it. This does not affect your statutory rights as a consumer, nor does it affect your legal or contractual contract cancellation rights.
1.6 These terms and conditions may be modified from time to time but, should this happen; they will be posted on our Website.
2.1 Please note that our Website is available only to legal entities, persons or individuals that can form legally binding contracts under English law.
2.2 The Website is not intended for use by children or minors under the age of eighteen (18) years without the permission of a parent or guardian. By accessing or purchasing Products through the Website, you warrant to us that you are over eighteen (18) years old and legally capable of accessing and using the Website in your country of residence. You must be at least eighteen (18) years of age to purchase Products through the Website.
2.3 The content contained in the Website may change from time to time without notice. You acknowledge and agree that Robert Dyas make no warranty that the Website will be defect and error free, timely, meet your requirements or will be uninterrupted. Further, we do not warrant that any servers or equipment will be free of viruses or bugs or other technical defects, or that any defect will be fixed promptly or at all.
2.4 At the discretion of Robert Dyas, or where the need arises, we may suspend access to our Website or close it, or any part of it, indefinitely and without notice to you or any third party.
3.1 Unless explicitly specified otherwise, all content, images, video and any other materials published on the Website are presented solely for your private, personal and non-commercial use.
3.2 All such content on the Website is not intended to amount to advice on which reliance should be placed. Robert Dyas therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Website, or by anyone who may be informed of any of its contents.
3.3 Robert Dyas will take all reasonable care to ensure that Product descriptions are accurate at the time of being added to the Website. Whilst every effort is made to ensure that our Website is accurate and kept up to date, we do not warrant, nor do we accept any liability or responsibility for the completeness or accuracy of the content, or for any loss which may arise from reliance on the information contained in our Website.
3.4 Robert Dyas does not accept any liability for the content of customer reviews displayed on the Website, nor for any loss arising from any reliance placed on such reviews by a customer, or by anyone who may be informed of them. By contributing in any way to the content to the Website, you agree to be bound by the intellectual property terms below.
3.5 Robert Dyas shall be entitled to modify or withdraw our Website (including any applicable terms and conditions and the documents referred to in them) at anytime without notice. We shall not be liable to you or any third party for any such change. By continuing to use the Website following such change you shall be deemed to have accepted such change to the Website.
4.1 Robert Dyas is the proprietor of the robertdyas.co.uk Website domain and the “Robert Dyas” trade and brand name and trade mark.
4.2 Unless expressly stated otherwise, copyright and any other rights contained in our Website, including but not limited to all branding, trade marks, selection, arrangement, product names, images, software, design, text, sound recordings, logos, artwork, look, feel and get up of our Website, devices, screen shots, copyrighted designs or other brand features, copyright and all other intellectual property rights in all material or content supplied as part of our Website and the arrangement of such content on our Website (”Copyright Material”) and other content on our Website, is owned by Robert Dyas or licensed by or to Robert Dyas from third parties.
4.3 Robert Dyas gives no permission in respect of the use of any Copyright Material and such use may constitute an infringement of the holder’s rights. By accessing our Website, you acknowledge and agree that all Copyright Material shall at all times remain the proprietary property of Robert Dyas or our licensors.
4.4 Any unauthorised use of the Website is strictly prohibited and will constitute a breach of our intellectual property rights or those of our licensors.
4.5 You are permitted to access and use the Copyright Material on the Website for your own personal reference and non-commercial use and for the purposes of purchasing Products from us. This does not allow you to: modify; copy; reproduce; republish; upload; post; transmit; or distribute, by any means or in any manner, any material or information on or downloaded from our Website including but not limited to: text; graphics; vide; messages; code and/or software without our prior written consent, except where expressly invited to do so.
4.6 The Website may incorporate third party content and Robert Dyas would be unable to grant permission for you to use any such third party content. Please contact the appropriate third party for permission to use their content.
4.7 If you are seeking permission to use any Copyright Material other than as expressly permitted by these terms and conditions, please contact us at our registered address and we will, at our discretion, consider the request. If your request is approved, that approval may be subject to terms set out in a licence which you may be required to execute. The authors of the Copyright Material must always be acknowledged.
5.1 We are committed to respecting your privacy and correctly managing any personally identifiable information you provide us with. We will do this in accordance with our Privacy and Data Protection Policy.
5.2 By using the Website, you agree to the processing of information about you as detailed in the Privacy and Data Protection Policy and warrant that all data you provide to us is accurate.
6.1 From time to time, Robert Dyas promotes competitions on the Website. Any such competition will be conducted in accordance with the Competition Terms & Conditions.
7.1 By placing an order on the Website, you agree to be bound by these conditions.
7.2 If you place an order for Products through our Website, you will be subject to the policies and terms and conditions in force at the time that you ordered Products from us, unless we notify you of any change to the terms and conditions before we send you the Dispatch Confirmation. We have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products.
7.3 By placing an order for Products through the Website, you warrant that you are legally capable of entering into contracts, are at least 18 years old, are resident in the United Kingdom and are accessing the Website from the United Kingdom. Robert Dyas is unable to accept orders from outside the United Kingdom.
7.4 Products listed are subject to availability. If we are unable to supply a Product you ordered, we will inform you. If you have already paid for the Product, we will refund you as soon as reasonably possible.
7.5 Your order constitutes an offer to us to buy the product. All orders are subject to acceptance by us and we will confirm acceptance of the contract (“Contract”) by sending you a dispatch confirmation e-mail. Robert Dyas is entitled at its discretion to choose not to accept your order for any reason and will not be held liable to you or any other person in such circumstances. The Contract will only be formed when we send you a dispatch confirmation.
7.6.1 The price of a product is that displayed at the time of ordering, except in cases of obvious error. The price displayed includes VAT but excludes delivery costs.
7.6.2 Delivery costs will be added to your order before payment is accepted and are set out in our Delivery & Returns Policy, along with more detailed terms and conditions relating to delivery.
7.6.3 Prices on the Website may not necessarily reflect prices on the same products in our stores. We reserve the right to offer special discounts to online customers that will not be offered if the product is purchased in one of our stores.
7.6.4 Prices are liable to change at any time, however any such changes will not affect orders for which we have already sent you a Dispatch Confirmation.
7.6.5 It is possible that, in rare circumstances and despite our best efforts, some of the Products listed on the Website may be incorrectly priced. If a Product's correct price is higher than the price stated on the Website, we will, at our discretion, either contact you before dispatching the Product, or reject your order and notify you. We are under no obligation to provide the Product to you at an incorrect (lower) price, even after we have sent you a Dispatch Confirmation, should the pricing error be obvious and unmistakable and could have reasonably been recognised as a mis-pricing.
7.6.6 Occasionally we run short term price promotions. Once these promotions have finished, the Products will only be available at the price stated and not the previous discounted price.
7.7.1 We accept the following methods of payment shown below. Please note we use an encrypted secure payment mechanism and will only use your information in accordance with our Privacy and Data Protection Policy.
7.7.2 In placing an order, you confirm that the credit or debit card being used is yours and/or you are authorised to use it and that there are sufficient funds or credit facilities to cover the cost of all Products ordered.
7.7.3 Robert Dyas reserves the right to obtain validation of your credit or debit card details and conduct anti-fraud checks before agreeing to dispatch any Products. All credit/debit card orders are subject to validation checks and authorisation by the card issuer.
7.7.4 If your card issuer refuses to authorise payment or we do not at our complete discretion find any anti-fraud checks to be satisfactory, we will not accept your order, we will not be obliged to inform you of the reason for the refusal, and we will not be liable for non-delivery. Robert Dyas are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment relating to your order.
7.8.1 If you enter a Contract with Robert Dyas as a consumer, you are entitled to cancel the Contract at any time within fourteen (14) working days, beginning on the day after you received the Products. You have this right under the Consumer Contracts Regulations June 2014 and you will receive a full refund of the price paid for the Products in accordance with our Delivery & Returns Policy.
7.8.2 Robert Dyas reserves the right cancel orders at our discretion. If we cancel an order, it will be without charge to you.
7.9.1 You may return any Products purchased from the Website in accordance with the terms set out in our Delivery & Returns Policy.
8.1 Promotional codes promoted for use in stores may not be eligible for use on the Website. Likewise online promotional codes may not be eligible for use in store. Certain products are excluded from promotional codes, all products which are excluded are clearly identified on the product detail page with the following text: Please note this item is excluded from any discount by promotion codes.. Please note all Black Friday Week Deals are also excluded from promotion codes. Promotional codes advertised for use on the Website are subject to the following terms:
9.1 Robert Dyas Gift Vouchers ("Gift Vouchers") are valid for use at Robert Dyas stores only and can be exchanged for goods to value shown on the voucher.
9.2 Gift Vouchers are not available for use on internet or telephone purchases.
9.3 Gift Vouchers are valid for 12 months from date of issue.
9.4 Robert Dyas retains the right to refuse Gift Vouchers whereby the date of issue exceeds 12 months.
9.5 Only validated Gift Vouchers will be accepted. Any Gift Vouchers which are not dated or stamped will not be accepted and are deemed fraudulent.
9.6 No photocopies or damaged Gift Vouchers will be accepted.
9.7 Gift Vouchers must be presented at time of purchase and will be retained by Robert Dyas after the transaction.
9.8 Gift Vouchers cannot be redeemed against further purchases of Gift Vouchers.
9.9 Gift Vouchers cannot be exchanged or redeemed for cash in any circumstances.
9.10 Discounts cannot be given for purchases of Gift Vouchers, including but not limited to the use of promotional vouchers and codes.
9.11 Goods purchased with Gift Vouchers and brought back for a refund will be refunded in Gift Vouchers unless the value is below £1.
9.12 Any change will be given in Gift Vouchers, unless the amount refunded is 99 pence or below.
9.13 Gift Vouchers are only dispatched on working days. All vouchers will be delivered by secure means to the address given by the customer at the time the order was placed. Please note, large order values may take longer to arrive due to security measures.
9.14 The Customer must notify Robert Dyas of any discrepancy in a delivery as soon as possible but in any event within 3 days including the day of delivery of the vouchers.
9.15 Robert Dyas reserves the right to alter any of these terms and conditions without notice. The customer may not vary the terms and conditions.
9.16 Risk of loss, destruction or damage to the Gift Vouchers remains with Robert Dyas until delivery to the customer's address or nominated address where upon risk shall pass to the customer.
9.17 The customer must notify Robert Dyas of any discrepancy in a delivery as soon as possible but in any event within 3 days of receipt of the vouchers.
9.18 Robert Dyas reserves the right to alter any of these terms and conditions without notice.
10.1 Robert Dyas will not be responsible or liable to you for any damage caused by or loss of any content or material uploaded or transmitted through our Website including in particular any third party content.
10.2 You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any content uploaded or transmitted by you through our Website or any non-compliance with or breach of the terms of this disclaimer by you or any other liabilities arising out of your use of our Website, or the use by any other person accessing our Website using your shopping account and/or your personal data and information.
10.3 The exclusions and limitations of liability in these terms apply only to the extent permitted by law and no statutory rights as a consumer (if applicable) that cannot be excluded or limited are affected.
10.4 Nothing in this Statement affects our liability for death or personal injury arising from our negligence, nor any other liability which cannot be excluded or limited under applicable law.
10.5 Content displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy.
10.6 Product reviews, Product buying guides and any other content (third party or otherwise) shown on the Website are not intended to amount to advice on which reliance should be placed. Robert Dyas therefore disclaim all liability and responsibility to the extent permissable under law arising from any reliance placed on any Website content by any visitor to our site, or by anyone who may be informed of any of its contents.
10.7 Robert Dyas makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the content published in our Website. The information contained in the Website may contain technical inaccuracies or typographical errors. All liability of Robert Dyas howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
10.8 We warrant that any Product purchased from the Website is of satisfactory quality and reasonably fit for all the purposes for which Products of the kind are commonly supplied.
10.9 You agree that any liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the Product you purchased.
10.10 These terms do not include or limit in any way our liability:
10.11 Robert Dyas accept no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of Products from outside the United Kingdom.
10.12 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our Website and is compatible with our Website. Robert Dyas do not warrant that any content available from the Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You agree to be responsible for anti-virus upkeep and other common security measures on your computer or other device and agree that Robert Dyas cannot be held liable for any damage or loss in this regard.
10.13 If you follow a link to any other websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies.
10.14 To the extent permitted by law, Robert Dyas and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it, including:
11.1 These terms and conditions and all associated terms in documents referred to by them are governed by English Law. Likewise, any Contract entered into with Robert Dyas through the Website will be governed by English Law.
11.2 Any dispute which cannot be resolved between us shall be subject to the exclusive jurisdiction of the courts of England and Wales.
11.3 Robert Dyas will use our best efforts to ensure the Website complies with the laws of England and Wales but make no representations that the content on our Website are appropriate for use in locations outside the United Kingdom. If you visit the Website from outside the United Kingdom you assume responsibility for applying with local laws.
12.1 If any of these terms and conditions or any provisions of a Contract concluded under these terms and conditions are determined by law to be unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
13.1 When using the Website, you agree that communication with Robert Dyas will be mainly electronic and that such communications comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
13.2 All notices given by you to us must be given to Robert Dyas via [email protected]. Robert Dyas may give notice to you by any means at its discretion within applicable law.
13.3 Notice will be deemed received and served immediately when posted on our website or communicated via telephone, 24 hours after an e-mail is sent, or three (3) days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13.3 Catalogue: When signing up to receive our free catalogue you will be automatically entered into our email/newsletter database to receive frequent communications from Robert Dyas.
14.1 Any Contract between you and Robert Dyas concluded under the terms of these terms and conditions, is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of any contract, or any of your rights or obligations arising under it, without our prior written consent. Robert Dyas may transfer, assign, charge, sub-contract or otherwise dispose of any contract, or any of our rights or obligations arising under it, at any time during the term of any contract.
15.1 Under the Offensive Weapons Act, it is an offence to sell knives, knife blades or any other product that may be perceived as an offensive weapon to persons under the age of 18. Products may appear on the website for display purposes only but may only be available for sale in our stores.
15.2 We are unable to deliver some liquids or gaseous substances due to strict guidelines set out by our carriers. This means that some accessories, for example butane cylinders for gas barbecues, cannot be provided by our home delivery service but may be available to purchase in our stores.
15.3 If you do need to purchase such Products from Robert Dyas, you can do so from our stores that are located across the UK. Please use the Store Locator to find your nearest store.
16.1 You agree that Robert Dyas will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions, including any Contract between you and us concluded under the terms of these terms and conditions, which is caused by events outside of Robert Dyas’ reasonable control.
16.2 Such events include, but are not limited to the following acts, event, non-happening, omission or accident beyond our reasonable control:
16.3 Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and you agree to allow us an extension of time for performance for the duration of that period.
17.1 We will endeavour to take all reasonable steps in order to protect data provided to us in accordance with our Privacy and Data Protection Policy.
17.2 Robert Dyas employs industry-standard encryption technologies when transferring and receiving consumer data exchanged with our Website. However, no data transmitted over the internet can ever be given a 100% guarantee of security. Consequently, though we will endeavour to protect your Personal Information, we do not warrant the security of any Personal Information you transmit to or from our Website.
17.3 Although the internet is not a completely secure medium, we have put in place various security procedures throughout our checkout and authentication process. Orders may be subject to a verification process by your issuing card provider.
17.4 In order to prevent unauthorised access, maintain accuracy of our records and data, we have appropriate physical, electronic and managerial procedures to protect, secure and safeguard the personal data and information we collect through our Website or services.
17.5 Robert Dyas cannot guarantee the security of any personal information or data disclosed to it or collected by it as we can have no control over the network through which your data may be sent to the Website.
18.1 The failure of Robert Dyas to take any action in respect of a breach of these terms and conditions shall not constitute a waiver of their enforceability. Robert Dyas reserves its rights in respect of these terms and conditions at all times.
18.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
18.3 Any waiver by us of any of these terms and conditions shall be effective when expressly communicated to you as described in Communications above.
19.1 All reviews received online must supply a contact email address and be approved by our independent reviews provider – Bazaarvoice.com at www.robertdyas.co.uk – before being entered into a monthly prize draw.
19.2 The winner will be drawn at random using a random winner generator at the end of each month. The winner will be notified by Robert Dyas Customer Services within 7 days from the first day of the following month. The Robert Dyas £100 gift voucher will be posted directly to the winner by the end of that month, for use in store. There will be no cash or online alternative. Vouchers are non-transferable.
19.3 Robert Dyas accepts no responsibility/liability for any and all electronic, network, computer or other technical malfunctions or any human error that may occur during the collection, processing and transmission of data. In the event that data entered for the draw becomes corrupted, this data will be excluded from the prize draw. Entrants agree to be bound by these rules.
19.4 The name and county of the prize winner will be made available on written request and stamped self-addressed envelope, sent to Robert Dyas (E-Commerce), Cleeve Court, Cleeve Road, Leatherhead, KT22 7SD.
19.5 The above offer only applies to reviews made on www.robertdyas.co.uk. All reviews are subject to approval from the reviews provider and our internal language and relevance filters. Robert Dyas reserves the right to withdraw the "Write a review for your chance to win a £100 Robert Dyas store voucher" prize draw at any time.
19.6 You may enter as many times as you wish each month, but only register one review per product. Staff of Robert Dyas and the Theo Pathitis Retail Group will not be eligible for this draw.
19.7 Please note that by submitting a review you agree to Robert Dyas owning the rights to publish your review in any marketing/promotional material if they should so desire.
19.8 Promotion ends 31st December 2017.
19.9 The Promoter’s decision is ﬁnal and no correspondence will be entered into.
19.10 Promoter: Robert Dyas, Cleeve Court, Cleeve Road, Leatherhead, KT22 7SD.