TERMS & CONDITIONS
Welcome to the DOT+ABOVE website, located at www.dotandabove.com, which is owned and operated by DOT+ABOVE LTD (we, DOT+ABOVE, the Company, our or us, as is applicable). This website provides information about us, our products and allows you to purchase our products.
This set of Terms and Conditions, along with our Privacy & Cookie Policy and Delivery & Returns Policy (the Policies) inform you of your respective rights and obligations you have in relation to the usage of this website and the purchase of our products. These three documents form an agreement with you, so please take the time to read all policies and be comfortable with their terms before continuing to browse, transmitting information to us or purchasing any product. By using our website, you confirm that you accept these Terms and Conditions and the Policies and that you agree to comply with them.
We amend these terms from time to time, so advise that each time you wish to order products from this website, please check these three documents to ensure you understand the conditions which will apply at that time. These Terms and Conditions were most recently updated on 28th September 2020. If you have any queries or concerns regarding these Terms and Conditions, please contact us at dot@dotandabove.com.
In particular, please note that policies relating to how we handle and use your personal data are located within the Privacy & Cookie Policy and information on your rights and obligations regarding the return of products is located in the Delivery & Returns Policy.
In these Terms and Conditions, words that appear after the expression ‘include’, ‘including’, ‘other’, ‘for example’, ‘such as’ or ‘in particular’ (or any similar expression) will not limit the meaning of the words appearing before such expression.
About us and how to contact us
We are DOT+ABOVE LTD, a company registered in England and Wales. Our company registration number is 11646972 and our VAT number is 354365589.
You can contact us by writing to us at dot@dotandabove.com.
If we need to contact you we will do so by telephone or in writing via email, using information that you will have provided to us upon placing an order for our products, signing up to our marketing communications or via contact with us through social media channels.
“Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
Order acceptance and our right to cancel or refuse an order
Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. You will be required to provide your personal details and in particular you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that are both valid and correct and you confirm that you are the person referred to in the billing information provided. Please take the time to read and check your order at each page of the order process.
By making an order for our products you expressly authorize us to perform credit checks, to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions using third party services where appropriate. Furthermore, you agree that we may use information provided by you in order to conduct appropriate anti-fraud checks.
Please refer to our Privacy & Cookies Policy to understand further how we use and securely store this data.
After you place an order, you will receive an email from us acknowledging that we have received your order. However, please note that this does not mean your order has been accepted. Our acceptance of your order will take place as described in below clause.
Our acceptance of your order will take place when we email you to confirm dispatch of your product, at which point a contract will come into existence between you and us.
If we are unable to accept your order, we will inform you of this in writing and we will refund you any money charged for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified. We reserve the right not to accept an order for any reason.
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
Our products
We make every reasonable effort to ensure that the descriptions of are accurate. Products may vary slightly from these images and the images that we provide of the products on our website are for illustrative purposes only. We have made all reasonable efforts to display the colours accurately, however cannot guarantee that your computer’s display of the colours is the same as we have intended.
We are constantly updating and revising our products and we may discontinue products from time to time at any notice. All products on the site are subject to availability.
Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
Discount codes and promotions
Only one discount code, offer, or promotion can be used per order. Discount codes, offers, or promotions cannot be combined or applied to previously placed orders.
Discount codes can be used once per customer unless otherwise stated.
Discount codes may be subject to a time and date restriction, they cannot be used once the expiry date has passed.
Changes to your order
By submitting an order to us, you confirm that you have checked for errors prior to submitting and that you understand it may not be possible to change the order.
However, if you wish to make a change to the order after processing but before dispatch, please contact us on dot@dotandabove.com immediately and we will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. We will also let you know if it is not possible to change the order.
It is not possible to change an order after dispatch. It may be possible to return part or all of the order in accordance to the policies set out in out Delivery & Returns Policy.
Payment and pricing
The price of each product (which includes UK VAT as set out in below) will be the price indicated on the order pages when you placed your order. Prices are displayed are exclusive of any customs duty charges which might be incurred if the product is to be delivered outside of the EU.
All pricing of our products is subject to change. We reserve the right to make adjustments to pricing as we see fit. We reserve the right to refuse any orders where the pricing displayed to you is incorrect. If the price of an order is incorrect or changes after payment has been taken, we will cancel the order and provide you with a refund in full.
The price of a product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order and outlined in our Delivery & Returns Policy
Prices shown are inclusive of UK VAT at the current rate. If the country of shipment is outside the UK but within the European Union prices will be shown inclusive of VAT. At the time of checkout, all other countries are shown a price excluding VAT prior to purchase as no VAT will be due on these purchases.
We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
We accept the following methods of payment:
We accept payment with the following debit or credit cards: Mastercard, Visa, Amex.
You must pay for the products before we dispatch them.
You confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order and we will not be responsible for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.
Providing the products and rights to return
Information on delivery of products and your rights in regards to returning items is outlined in our Delivery & Returns policy. Please take the time to read this policy to understand your rights.
Your rights to end the contract
Your rights to end the contract between yourself and us depends on the products in the order and the reason you would like to end it. A number of cases are covered in our Delivery & Returns policy including:
If you would like to return the product for any reason
If you would like to cancel an order for a made to order bespoke item
If you received an incorrect product
If you received a damaged or defective product
The Delivery & Returns policy covers your rights under the Consumer Rights Act 2015 and Consumer Contracts Regulations 2013.
If you would like to end the contract because we have made a change to your order or the products you have ordered, we will refund you in full for any items not yet received or provide you with a means to return any products received before initiating a return. This may be for one of the following reasons:
We have made a change to a product after you placed the order and you no longer want to receive that product
We have informed you about a change or error in pricing for a product after you placed the order and you no longer than to receive that product
There is a risk that the products will be significantly delayed and you do not want to wait any additional period
We have discontinued or suspended a product
In each of the above cases, we only will agree to end the contract for the products affected. The contract to supply you with the remaining products in the order remains in place and you will not be entitled to end the contract for the remaining products under this remedy.
You will also be entitled to end the contract if we have breached this contract in any other way and made no reasonable attempts to contact you or provide any means of remedies.
Our rights to end the contract
If you provide us with false or incorrect information, commit or attempt to commit fraud, use illegal funds or commit any other criminal activity in the process of placing an order, we will end the contract with immediate effect as we discover this information. We will also pass on your details to appropriate law enforcement if either required or requested.
We may end the contract if you breach it in any other way. We may end the contract for a product at any time by writing to you if you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, or you do not, within a reasonable time, allow us to deliver the products to you.
Third-party technology and use of your information
We use third party software, technology and suppliers to help us deliver our website and products to you and in doing so, we will need to share personal data that you provide to us in order to fulfil our contracts. How we share this data and how we ensure that our third-party suppliers keep your information secure is detailed in our Privacy & Cookies Policy.
Intellectual Property Rights
All of the content on this website is owned by (and all copyright, trade mark and other intellectual property rights in that content, shall at all times remain vested in) us or our licensors and is protected by UK and international copyright and other intellectual property laws. All such rights are reserved.
Our content includes any information or other material found on or via the website, including without limitation text, databases, graphics, videos, photographs, software and all other features found on or via the website.
Your use of the website and its contents grants no rights to you in relation to our intellectual property rights or the intellectual property of third parties. We make the website and our content available through the website for your personal, non-commercial use only.
You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the web pages or materials on the website or the commuter codes of elements comprising the website other than for your own personal use. Subject to the above, you may download insubstantial excerpts of this content for the purpose of viewing it, provided that no more than one copy of any information is made.
To be clear, you are not in any circumstances permitted to:
Make commercial use of any such content;
Edit any such content; or
Remove, obscure or otherwise tamper with any copyright and proprietary notices that relate to, or are contained within, the content; or
Reproduce, duplicate or copy any part of the website in contravention of the provisions of our Terms and Conditions; or
Carry out data mining, screen scraping or crawling of this website, its pages or its content or use any process or processes that send automated queries to this website unless you have obtained our prior written consent.
You may link to our website provided that you do so in a fair and legal way and not in a way that may damage or takes advantage of our reputation or that suggests any form of association, approval or endorsement on our part.
Use of this website
You confirm that in using the website:
All information and details provided by you to us are true, accurate and up to date in all respects
You may use the website only for lawful purposes. You may not use the website:
In any way that breaches any applicable local, national or international law or regulation;
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
For the purpose of harming or attempting to harm minors in any way; or
To knowingly transmit, send or upload any data or other material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
Not to access without authority, interfere with, damage or disrupt:
Any part of the website;
Any equipment or network on which the website is stored;
Any software used in the provision of the website; or
Any equipment or network or software owned or used by any third party.
We reserve the right to suspend, restrict or terminate access to the website or any part of it at any time without notice. We endeavour to ensure that the website is always available but do not guarantee that it will be available uninterrupted or error free.
Disclaimer & Limitations of Liability
All products and information on our website is provided on an “as is” and “information only” basis. To the fullest extent permissible under applicable law, we disclaim any and all promises, warranties, conditions, or representations relating to the website and its contents, whether express, implied, oral or written. In particular:
By using the website you acknowledge and accept the inherent risks, characteristics and limitations of the internet, particularly in terms of technical performance of the website, response times to view, verify or transfer information; and the risks inherent in all third party links, connections and transfers via the Internet; and
We do not make any promises about the availability or accessibility of the website or promise that your access to the website, the content on it or the services we provide will be delivered uninterrupted, in a timely manner or error-free; and
We are not responsible for any data or information uploaded by any users or visitors including any content posted, uploaded or published on the website. It is your responsibility to make backup copies of any of the content you post, upload or publish on the website and we strongly recommend that you do so; and
We do not make any promises as to the truth, accuracy, integrity, quality or completeness of the content or information that appears on the website and you should not rely on it being accurate, truthful or complete.
You agree that your access and use of the website and its content is at your own risk. We do not have any knowledge of, or control over, the particular purposes for which the information and content available on the website is used. The content and information that we make available on the website is provided for information only. Accordingly, we exclude any and all liability for any loss of any nature suffered by you as a direct or indirect result of your use of any of the information or content available on the website or of making any decision, or refraining from making any such decision, based wholly or partly on any expression of opinion, statement or other information contained in the content available on the website.
We make no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer’s functionality or operation including transmission arising from your download of any content, software you use to download the content, the website or the servers that make it available. In this respect you agree that it is your responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines. Any content downloaded or otherwise obtained through the use of the website is done at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content.
We only supply the products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and in no event shall we have any obligations or liabilities to you or any other person for loss of profits, for loss of business or use, or for incidental, punitive, special or consequential damages, whether based on contract, tort (including negligence), products liability, or any other theory or form of action, even if we have been advised of the possibility thereof, arising out of or in connection with the sale, delivery, or use of the products. Our sole and entire maximum liability any reason, and your sole and exclusive remedy for any cause whatsoever, shall be limited to the actual amount paid by you for the products you have ordered through our website.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Compensation
You agree only to use the website in accordance with these Terms and Conditions. You agree that you will compensate us (and our employees, officers, agents and suppliers) in full for any damages, losses, costs and expenses, including reasonable legal fees we incur that arise out of any breach by you of these Terms and Consition (including any actions you take which disrupt access to and/or the functioning of the website) or any liability we incur as a result of the use of the website by you and any other person that uses your account.
Severance
If any court or relevant authority decides that any part of these Terms and Conditions or the Policies are unlawful or unenforceable, the remaining parts will remain in full force and effect.
Force majure
If we are prevented or delayed from complying with our obligations under these Terms and Conditions by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our reasonable control. In such circumstances including fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, our inability or delay in performing our obligations will not be deemed to be in breach of contract.
Assignment and transfers
We may transfer, contract and/or assign our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these Terms and Conditions.
You may only transfer, contract and/or assign your or your obligations under these terms to another person if we agree in writing or where it is required by law.
Waiver
If you breach these Terms and Conditions and we choose to ignore your breach, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms and Conditions again.
Third party rights
These Terms and Conditions do not create any right enforceable by any person who is not a party to them or any contract made under them.
Governing law and jurisdiction
Any disputes or claims between us arising out of or in connection with these Terms and Conditions or any contract made under them (including non-contractual disputes or claims) are governed by and construed in accordance with the law of England and Wales. Any disputes or claims arising shall be subject to the exclusive jurisdiction of the courts of England and Wales. Nothing in this paragraph shall deprive consumers of the right to bring or defend proceedings in their home state nor of the protection afforded to them by the mandatory rules of law of the country in which they live.