Conditions of Use
A - Terms and Conditions of Sale
1. Definitions and interpretation
In these Terms:
“Customer” means the customer for the Products sold by DreamCatcherLab;“Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the party affected (including power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);
“Prices” means DreamCatcherLab’s prices for the Products as published on the website;
“Products” means the products which may be or are purchased by the Customer from DreamCatcherLab under these Terms;
“Supplier” means DreamCatcherLab Ltd;
“Terms” means these terms and conditions of supply.
2. These Terms
These Terms contain the only conditions upon which the Supplier will deal with the Customer, and they govern all Contracts to the exclusion of all other terms and conditions.
Each order for Products given by the Customer to the Supplier will be deemed to be an offer by the Customer to purchase Products from the Supplier subject to these Terms.
4.1 All Products will be delivered by the Supplier to the Customer's address;
the Supplier will be responsible for arranging transport for the Products;
the Customer will be responsible for paying all costs relating to the import of the Products;
risk in the Products will pass from the Supplier to the Customer when the Products are delivered to the Customer.
4.2 Any date or dates for the delivery of the Products agreed by the parties as part of a Contract will not be of the essence of the Contract.
Legal and equitable title to the Products will pass from the Supplier to the Customer upon receipt by the Supplier of all amounts due from the Customer to the Supplier.
6. Customer’s obligations
The Customer must comply with all applicable laws, rules and regulations relating to, and must obtain all licences, permits and approvals required in relation to import of the Products.
7. Prices and payment
All amounts payable are exclusive of all value-added, goods and services, sales, export, import, and other taxes and duties which will be payable by the Customer (except for taxes payable on the Supplier's net income, which will be payable by the Supplier).
The Supplier warrants that:
(a) the Supplier has the right to sell the Products;
(b) the Products are free from any charge or encumbrance, disclosed or known to the Customer before the relevant Contract is made;
(c) the Products correspond to any description of the Products supplied by the Supplier to the Customer;
(d) the Products are of satisfactory quality;
(e) the Products are fit for any purpose made known by the Supplier to the Customer before the relevant Contract is made;
9. Complaints, credits and replacements
9.1 The Supplier will promptly and in any event within 30 Business Days fully respond to all reasonable inquiries and complaints by the Customer relating to the quality, performance and durability of the Products.
9.2 If Products do not comply with any warranty given by the Supplier under a Contract, the Customer may with the prior agreement of the Supplier return those Products for either (at the option of the Supplier):
(a) a full credit of the price paid to the Supplier for such Products (excluding any third party charges);
(b) replacement Products; or
(c) a credit note in respect of the Price of the Products (to be offset against future purchases from the Supplier).
9.3 Products returned must be properly packed and returned to DreamCatcherLab within 30 Business Days of receipt of the Products by the Customer. Any Products returned in contravention of this Clause will not be the subject of any credits or replacements and the Customer will continue to be liable for payment of the Price in respect of such Products.
10.1 The Supplier will not be liable in respect of any loss of profits, income, revenue, use, production or anticipated savings.
10.2 The Supplier will not be liable for any loss of business, contracts or commercial opportunities.
10.3 The Supplier will not be liable for any loss of or damage to goodwill or reputation.
10.4 The Supplier will not be liable in respect of any loss or corruption of any data, database or software.
10.5 The Supplier will not be liable in respect of any special, indirect or consequential loss or damage.
10.6 The Supplier will not be liable for any losses arising out of a Force Majeure Event.
11. Contract termination
A Contract may be terminated in the following circumstances:
(a) the Supplier may terminate any Contract immediately by giving written notice to the Customer if the Customer fails to pay to the Supplier any amount due by the due date for payment;
(b) the Supplier may terminate any Contract immediately by giving written notice to the Customer if the Customer fails to accept delivery of the Products.
12.1 No breach of any provision of a Contract will be waived except with the express written consent of the party not in breach.
12.2 If any provision of a Contract is determined by any relevant court or other competent authority to be unlawful and/or unenforceable, the other provisions of the Contract will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
12.3 Contracts may not be varied except by a written document signed by or on behalf of each of the parties.
12.4 The Supplier may freely assign its rights and obligations under a Contract without the Customer’s consent.
12.5 Each Contract is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party.
12.6 These Terms will constitute the entire agreement between the parties. Neither party will have any remedy in respect of any misrepresentation (whether written or oral) made to it upon which it relied in entering into a Contract.
12.7 Contracts will be governed by and construed in accordance with the Laws of UK. Will have exclusive jurisdiction to adjudicate any dispute arising under or in connection with a Contract.
B - Website Terms and Conditions
These terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
(2) License to use website
Unless otherwise stated, we own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public;
(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(e) edit or otherwise modify any material on the website; or
(f) redistribute material from this website.
(3) Acceptable use
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
You must not use our website to transmit or send unsolicited commercial communications.
You must not use our website for any purposes related to marketing without our express written consent.
(4) Limited warranties
We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
(5) Limitations and exclusions of liability
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
(7) Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website. Please check this page regularly to ensure you are familiar with the current version.
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
(11) Exclusion of third party rights
These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.
(12) Entire agreement
These terms and conditions constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.
(13) Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of UK, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of the United Kingdom.