Terms & Conditions

(Updated 19 October 2019)

This website is operated by Dwell Smith & Co. (referred to as " Company/Store/we/our/us"). As user of this website (referred to as "you/your") you acknowledge that any use of this website including any transactions you make ("use/using") is subject to our terms and conditions below (which includes any other important hyper-linked sections e.g. Delivery information, Returns and refunds, and Privacy policy. In addition, you will find other useful information within Customer services. Please:

    • read through these terms and conditions carefully before using this website.
    • print a copy for future reference.
    • also read our Privacy policy section regarding your personal information.

**1. General**

1.1 We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website (see date at the top) and 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.

1.2 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website

1.3 When you use Company / store certain services please read the additional information provided with regards to such services as this information will provide you with full details on how to use such services.

1.4 Certain website services will require registration and subsequent access to those services will be subject to an approved login name and password ("Password Details"). Information that you provide on this website must be accurate and complete. All Passwords Details are accepted and may be withdrawn at our sole discretion and are exclusive to you and non-transferable and must always be treated as strictly confidential. In the event of any concerns regarding your Password Details or become aware of any misuse, you must inform us immediately (see Contact Us for more information and full contact details).

1.5 To maintain the security and privacy we reserve the to cancel / reject / withhold any order if we /our system found any suspicious activity related to the use of payment method/credit/debit card(s) or any other including a flag raise by security system for further verification/confirmation is required to proceed with an email informing you about the delay in delivery and actions required at your end.

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**2. Order process**

2.1 Please see the Delivery information and Website User Manual section for information on how to place an order. All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.

2.2 The 'confirmation' stage sets out the final details of your order. Following this, we will send to you an order acknowledgement email detailing the products you have ordered. Please note that this email is not an order confirmation or order acceptance from. This is an automated system generated acknowledgement of your order(s) and does not constitute acceptance.

2.3 Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it (please refer to Returns and refunds). For FastTrack and Self Pick-Up orders, completion of the contract between you and us will take place when the products ordered have been collected from the store.

2.4 We may not file details of your order for you to subsequently access direct on this website, and therefore, please print out these terms and conditions and the order acknowledgement for your own records. If you wish to obtain specific details of your previous orders, please Contact Us.

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**3. Delivery**

3.1 This website is only for delivery of products to customers of almost all countries (see list for supported countries). Where goods are delivered directly by our supplier’s delivery restrictions may apply to certain countries deliveries. We cannot deliver to AFPO (Armed Forces Post Office) addresses. All goods must be signed for by an adult aged 18 years or over on delivery.

3.2 Delivery charges and estimated timescales are specified in the Delivery information section and also when you place an order. We make every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. Argos shall be under no liability for any delay or failure to deliver the products within estimated timescales.

3.3 Risk of loss and damage of products passes to you on the date when the products are delivered to you or are left with a person or place nominated by you. Our delivery driver may take a photograph of your address if you are not home to receive a delivery.

3.4 Any order placed by you for goods advertised on our website is considered an offer by you to purchase the goods in your order. No contract exists between you and us until we have received and accepted your order.

3.5 Delivery will be made to the address specified through our checkout when you complete your order. if you wish to change the delivery address after goods have been released from our dispatch centre, you will have to cover the delivery charges for the redirection (please note re-direction is only available for goods despatched via courier). The charges will be the same as the original delivery charge. Please be aware that the redirection subject to the approval and confirmation.

3.6 If an order is dispatched with a wrong postal code, the refund is for the item only and you must place the order again and pay for postage if you still wish to have the order.

3.7 Orders are aimed to be delivered within 3-5 working days after despatch*(or as specifies in product delivery information in order**). Please note a working day is any day other than weekends and Bank or other Public Holidays.

3.8 We make every effort to ensure orders are delivered within quoted working days of acceptance of your order. However, we cannot be held liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In such events, we will inform you of any delays as soon as possible.

Postal orders can take up to 7 working days to arrive after an order is placed.  If a non-tracked order has not arrived 10 working days after despatch you may be eligible for a refund or replacement.

For courier deliveries

3.9.1 Please ensure you provide a delivery address, where someone will be available to receive the delivery between 7.30am and 5.30pm, Monday to Friday. If the couriers are unable to complete a delivery due to nobody being present, a calling card will be left asking you to contact them directly to arrange a re-delivery. If you do not contact the couriers within 2 days of receiving this card, the goods will be returned to our Despatch centre and a re-delivery charge may be applicable to your order.

3.9.2 In the case of express deliveries, if the goods are not received in 1-2 working days please contact us immediately as after 4 working days of despatch, the courier may return the goods to our centre. In the event of re-despatching the goods or redirection further charges may apply.  In the event of charges applying, they will be the same as those charged for the initial despatch.

3.9.3 We retains ownership of all goods shipped within our country until they have been delivered and signed for or left in a safe place by the courier.  Once your goods have been delivered, the risk of damage or loss of the item passes to the recipient.

3.9.4 When an item is shipped outside of our country the end receiver is liable to any and all customs charges and/or local release charges.  In the case of these deliveries ownership of the goods transfers to the end receiver when the goods arrive in the destination country.

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**4. Payment & Price**

4.1 We take payment from your card or PayPal account at the time we receive your order, once we have checked your card or PayPal details and stock availability. 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. Additional Terms and Conditions for payments made by PayPal can be found at www.paypal.com (this link will open in a new window). Store is not responsible for the content of external websites.

4.2 To ensure that your credit, debit, charge card or PayPal account is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third-party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with relevant data protection laws.

4.3 a) Online price errors. If we discover an error in the price of goods ordered or reserved, we will inform you as soon as possible (e.g. prior to the goods being despatched or in store prior to the collection of the goods if applicable). We will provide 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 choose to cancel and have already paid for the goods you will receive a refund.

  1. b) If you reserve a product and the price changes (due to normal fluctuations e.g. goods going into or coming out of promotion, but not a pricing error) before you collect the item, you may request to pay the lowest of i) the price on reservation or ii) the prevailing price in store at the time of collection. This will also apply if your reservation is extended but not if the reservation collection window has expired.

Proof of reservation would include: -

    • Reservation Number
    • Print out from the internet
    • Text message/email showing reservation number

For FastTrack and clothing orders where payment is made at the time of ordering for in store collection, the price you pay is the price specified at the point of placing the order and not the prevailing price in store at the time of collection. If on collection it is the case that the item has come down in price since the FastTrack order was placed, we will be happy to refund the purchase price and re- sell the item at the lower price. If the price has gone up from when the order was placed, it remains valid unless there has been a price error (see 4.3 (a))

4.3.1 If, in our opinion, any person or persons, whether acting on behalf of themselves or a business, engages in practices that call into question the fair use of the check and reserve system, we reserve the right to cancel reservations and / or to restrict / block access to the check and reserve system for that person or persons. Examples of such activity may include placing significant numbers of reservations repeatedly, placing significant numbers of reservations for the same product for the selling of reservation confirmations. This list is not exhaustive.

4.4 Payment can be made by any method specified in Payment Information or at the time of check out. For information about secure online ordering see Security.

4.5 Title to any products you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full (including any applicable taxes/charges and/or delivery charges) for the products.

4.6 All prices are shown in international currency (US$) or your own country (select your country version of the website) and exclude VAT and delivery charges, unless expressly stated otherwise (see Delivery information for further details including Express delivery charges).

4.7 **The price of products can be changed more than once. By 'original price' we mean the original price displayed online on store or in the most recent version of the full catalogue (where the product was featured).

4.8** Store reserves the right to change/modify any product price that include but not limited to withdraw or cancel any promotion price or discount campaign at any time with or without any prior notice or publicity and out decision cannot be challenged or claimed.

4.9** Any coupon or voucher or any other personalized offer may be revoked with or without written notification at any time, the request for reactivation can be submitted through contact us with the proof (all personalized promotion/offers have unique reference numbers and must verify with our record) but the decision to accept or reject the request is our sole discretion. At any point of time our decision and/or our record cannot be challenged or objected. However our personalized promotions/offers or vouchers always honor as per terms and conditions defined with that promotion/offer or voucher.

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**5. Returns, Cancellations and Substitutions**

5.1 We offer a 30-day money back guarantee (only apply if defined in product catalogue or in order /product details), please refer to Returns and refunds. Some products are excluded from the Guarantee and are clearly marked by a † next to the product name. In the unlikely event that you receive faulty or damaged goods, please refer to our Returns and refunds section.

5.2 Sometimes the product specifications from the manufacturer may change, in which case we will do our best to offer you a similar alternative. We may experience problems with the supply of certain products and may therefore supply a substitute of the same or better quality at the alternative price. If you are not happy with the replacement or substitute you can return follow the procedure as described in Returns and refunds. Where applicable, you may cancel your order in accordance with your rights under the Consumer Contracts (Information, Cancellation & Additional Charges Regulations (see the Returns and refunds page for further details

5.3 All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.

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**6. Intellectual Property**

6.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in 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 licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

6.2 You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content (see DMCA Policy).

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**7. Liability and Indemnity**

7.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.

7.2 Subject to Section 7.1 above, store will use reasonable endeavours to verify the accuracy of any information on the site but makes 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 the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website Company / Store will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and store accepts 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.

7.3 Subject to Section 7.1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out at Section 5 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.

7.4 Subject to Section 7.1 above, we will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on 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); or
    • loss of goodwill or reputation; or
    • loss of privacy and loss of data; or
    • special 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.

7.5 Notwithstanding the above, subject to Section 7.1 store and/or associated with or its associates 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 attributable to the same clause.

7.6 This clause 7 does not affect your statutory rights as a consumer, nor does it affect your contract/account cancellation rights.

7.7 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.

7.8 Any the guarantees/warrantees offers in the form of warranty card of the product(s) ordered/delivered/purchased at our store are provided by manufacturers and repair or replacement are provided by manufacturer as defined in documents available in package of the products. The store is not the manufacturer of any of these products and hold no liability or responsibility in case of any fault or disability or any loss caused by the product or use of these products and no claim can be submitted in any of these regards.

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**8. Miscellaneous Provisions**

8.1 The contract between us shall be governed by the laws of country where company is incorporated and any dispute between us will be resolved exclusively in the courts of the country or as mutually agreed upon. English is the only language offered for the conclusion of the contract.

8.2 We have selected our products on the basis that they will be used for domestic use only, if you are planning to use them for business purposes please make sure that you are covered by the appropriate insurance. Where you decide to use the products in the course of a business, we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the products shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud). In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we accept liability for loss of use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.

8.3 We shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.

8.4 To provide increased value to our customers, 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 the linked website we are not responsible for the availability of 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 which 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 of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

8.5 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 the Company or Store.

8.6 Store reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.

8.7 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 enforceability of the other sections of these terms and conditions shall not be affected.

8.8 These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the Contracts (Rights of Third Parties) Act 1999) except: the company / store shall have the right to enforce any rights or benefits under these terms and conditions to enforce and take the benefit of the rights or benefits of any limitation or exclusion or limitation of liability in these terms and conditions. a) a person who is a permitted successor or assignee under Section 8.8 above of the rights or benefits of these terms and conditions may enforce such rights or benefits. b) No consent from the persons referred to in Section 8.9 is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favor of such third parties).

8.9 No delay or failure by company / store 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 an authorised representative of company / store.

8.10 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 company/store relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and store for your use of this website.

This website is operated by: Dwell Smith & Co.

We recommend you print out a copy of these terms and conditions for future reference. If you have any questions regarding our website, please see the Customer services or Contact Us sections for more information and full contact details.

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Should you have any questions ?            Contact us