Terms and conditions

IMPORTANT NOTE: By using the Sayduck.com website (the “Site”) and the Sayduck mobile application (the “App”) (togther the “Service”), you agree to the following terms and conditions. By purchasing a product via the Service you agree in addition to the terms and conditions of each individual seller (“Seller”), which are available on the website of a Seller.

ACCEPTANCE OF TERMS

These provisions (including the Privacy Policy together with any other documents referred to in these provisions) set out the terms and conditions on which you may make use of the Site and the App  whether as a guest or registered user (“Customer Terms”).

We may update these Customer Terms (and the documents referred to in them) and any aspect of the Service from time to time and will notify such changes to you by uploading details of them on the Site. You should review the Customer Terms periodically for changes. By using the Site you agree to be bound by these Customer Terms. If you do not agree to these Customer Terms then please do not use the Service.

1. ABOUT SAYDUCK

The Service is offered by Sayduck Limited (“we” or “Company). We are registered in England and Wales under company number 08075298 and with our registered office address at 9th Floor, 107 Cheapside, London, EC2V 6DN. Our VAT number is 160717813.

2. ACCESSING OUR SERVICE

Access to the Service is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide through the Site and App without notice. We will not be liable if for any reason any of the Services are unavailable at any time or for any period.

From time to time, we may restrict access to any or all of the Service, to users who have registered with us. Any personal data and other information provided by you is processed by us in accordance with our Privacy Policy. By providing any such personal data or other information you agree to the terms of our Privacy Policy.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Customer Terms.

3. USE OF THE APP

(a) We grant you the right to use the App only for your personal use on an supported iOS or Android product that you own or control. You may not: (a) modify, copy, publish, license, sell or otherwise commercialise the App or any information or software associated with it; (b) rent, lease or otherwise transfer rights to the App; or (c) use the App in any way that could impair our Site or Service in any way or interfere with any party’s use or enjoyment of our Site or Service.

(b) Neither we nor any of our licensors or service providers has any obligation to provide any maintenance and support services with respect to the App or any other part of the Service.

(c) In using the App through an iOS or Android product, you confirm that you have agreed to the applicable Terms and Conditions relating to such use of such products.

If you breach any of these Customer Terms, your right to use the Service will cease immediately and you must, at our option, return and/or destroy any copies of the content you have made.

4. INTELLECTUAL PROPERTY RIGHTS

We own, or are the licensee to, all right, title and interest in and to the Service, including all rights under patent, copyright, trade secret or trademark law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from the Site, the App or any other part of the Service.

You must not extract or otherwise use any of the content on the Service for commercial purposes without obtaining a licence to do so from us or our licensors.

We respect the intellectual property rights of others and we ask our Sellers to do the same. If you are aware that any of your intellectual property rights have been infringed on the Service, please contact us at info@sayduck.com to report the concern.

5. DESCRIPTION OF SERVICE

Please note that our 3D and Augmented Reality features are designed to help you in your decision making when buying a product. You should consider these features as a visual aid, but not make your final purchase decision based on a visualization, as it might not always be accurate. You should always review all available product information related to a product, including photos, product descriptions and data, including dimension and material information for a product.

If you decide to purchase goods the resulting legal contract is between you and that Seller and such contract shall compromise of these Customer Terms, the email confirmation of your order and the applicable details on the product page and you agree to be bound by all such provisions.

You should carefully review the Customer Terms, the email confirmation of your order and the applicable details on the product page in relation to the order. If there is any conflict or inconsistency between these Customer Terms and the email confirmation of your order or the applicable details on the product page, these Customer Terms shall prevail to the extent of the conflict or inconsistency.

We cannot give any undertaking, that goods you purchase from Sellers through the Service will be of satisfactory quality, and this and any other such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against the Seller. Where you order goods and through the Service we may disclose your customer information related to that transaction to the relevant Seller.

We do not review or control, and are not responsible in any way for, listings provided by Sellers and at no time do we possess any items offered for sale by Sellers through the Service.

6. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

(a)To the fullest extent permitted by applicable laws, we disclaim responsibility for any harm resulting from your use of any part of the Service.

(b) The Site, App and Service are provided “as is” and “as available” and we expressly disclaim to the fullest extent permitted by law all express, implied and statutory warranties.

(c) You download and use the App at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the App.

(d) Neither we nor our licensors are liable to you or any user for any use or misuse of the Service. Such limitation: (a) includes direct damages, whether such claim is based on warranty, contract, tort or otherwise (even if we have been advised of the possibility of such damages); (b) includes indirect, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort or otherwise (even if we have been advised of the possibility of such damages); (c) applies whether damages arise from use or misuse of and reliance on this Service, from inability to use the Service, or from the interruption, suspension or termination of the Service (including any damages incurred by third parties).

(e) Nothing in these Customer Terms shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.

7. HOW CONTRACTS ARE FORMED BETWEEN YOU AND SELLERS

Each order you place shall be deemed to be an offer by you to purchase the goods specified within it subject to the Customer Terms and the applicable details on the product page.

No order shall be deemed to be accepted by the Seller until you receive an email acknowledgement of order directly from the Seller. The contract between you and a Seller will relate only to those goods and/or services notified in the email acknowledgement of order.

8. PAYMENT METHODS

Purchases for goods and/or services you make with Sellers may only be paid for using the payment methods we make available from time to time through our payment facility. In accepting or otherwise processing your payments related to the purchase of items from sellers, we act in the capacity as commercial agent of the Seller. The Seller acknowledges and agrees that the valid payment by you to us for the purchase of item(s) between you and the Seller will satisfy your obligation to pay the Seller for the relevant item(s) and consequently, any debt obligations owed by you to the Seller for the purchase of such items shall be extinguished at that time. You acknowledge that these Customer Terms, and/or any transaction made by you via the Service, do not create or imply any partnership, joint venture or trust relationship between us, you and/or the Seller. The Seller further agrees that it will not seek recourse (legal or otherwise) against you for payment of items if you have validly paid us. All prices shall be shown in the applicable currency and payable in that currency. You accept that some banks may charge you an additional fee for certain transactions (for example, international transactions). You accept that item prices in the currencies displayed do not vary according to your location; delivery charges will vary depending on the destination to choose to have the item delivered. For delivery destinations within the EU prices include VAT or other sales taxes where applicable. For delivery destinations outside the EU, prices do not include VAT or other sales taxes.

9. REFUSAL OF TRANSACTION

We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.

10. DELIVERY ARRANGEMENTS

Your shopping basket on the Service displays the goods you have chosen, the Seller who shall provide them and details of postage and packing. The delivery costs for each Seller may vary according to the delivery methods they offer. Any delivery times quoted are in working days.

11. IMPORT REGULATIONS AND DUTY

If you order goods from our Service for delivery outside of the EU, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

12. RETURNS & EXCHANGES

If you wish to discuss or organise a return, exchange or refund of any non-cancellable item purchased through the Service, please contact the Seller directly and/or us at orders@sayduck.com. Returns can be done in accordance with the Returns & Refunds Policy. Any returns or refunds shall be made by the Seller in accordance with the Returns & Refunds Policy.

13. LINKS

You may link to our Site and you may embed a 3D product frame to any site, using the standard embed code, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The Company expressly reserves the right to revoke the right granted in this clause for breach of these Customer Terms and to take any action it deems appropriate. Our Site must not be framed on any other website,we reserve the right to withdraw linking permission at any time.

The Service provides links to other websites for your information. If you use these links, you leave the Service. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk. We accept no responsibility for third party websites or for any loss or damage that may arise from your use of them.

14. VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse our Site, App or any part of the Service by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Service, the server on which our Service is stored or any server, computer or database connected to our Service. You must not attack our Service via a denial-of-service attack or a distributed denial-of-service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Service will cease immediately.

15. WAIVER

If we fail at any time to insist upon strict performance of any of your obligations under these Customer Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Customer Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

16. SEVERABILITY

If any of these Customer Terms are determined by any competent authority to be invalid, unlawful or 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.

17. ENTIRE AGREEMENT

These Customer Terms and any documents expressly referred to in them constitute the entire agreement between us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between us, whether written or oral, relating to its subject matter. Each of us agrees that neither we nor you shall have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Customer Terms or any documents expressly referred to in them. Neither of us shall have any claim for innocent or negligent misrepresentation based upon any statement in these Customer Terms and any documents expressly referred to in them.

18. FORCE MAJEURE

Where we or a Seller are prevented from or delayed in carrying out obligations under these Customer Terms due to circumstances beyond our or the Seller’s reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to the Seller’s workforce), or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then either our or the Seller’s (as the case may be) performance of its obligations shall be postponed for the period of time that the circumstances continue.

19. RIGHTS OF THIRD PARTIES

No provision of these Customer Terms shall be enforceable by any third party (which includes for these purposes any third party: employee, officer, agent, representative or sub-contractor of either the Company or the Seller) under the Contracts (Rights of Third Parties) Act 1999 or otherwise. Nothing in this clause excludes the rights of the Company when acting as commercial agent of any Seller.

20. LAW AND JURISDICTION

Contracts for the purchase of goods or services through our Service shall be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of England.

21. FEEDBACK

General comments about the Service are welcome, please contact us at info@sayduck.com Complaints about a specific Seller, goods or services must be directed to the Seller concerned through the contact details provided on the order confirmation email that you receive for resolution directly with them.

  1. The order has been cancelled according to the terms and conditions by notifying the seller within 14 days of delivery,
  2. The item has not been used,
  3. The item is in the condition that the customer received it in and all the parts of the product are included in the package,
  4. The item has been repackaged in its original or an equivalent package.

The item must be returned immediately after cancellation.
If you return or exchange an item, you are responsible for the risk of possible damage.
A damaged item will not be accepted as a return or exchanged if it cannot be established that the item has been damaged during the first shipping.