Commercial Terms & Conditions
These terms and conditions govern Dingley Dell Enterprises Ltd and all associated goods and commercial services.
Terms and Conditions:
These Terms and Conditions (“Terms of Use”, “Terms”, “the Agreement”) are in addition to our Privacy Policy. These terms of use apply to purchasing of Goods (“Goods”), Products (“Products”) and Services (“Services”/”Works”) by Dingley Dell Enterprises Ltd. These terms of use govern the relationship between you (“the Buyer”) and us, when you access and use Dingley Dell Enterprises Ltd Goods and Services. By accessing and continuing to use these Goods and Services, you agree to be legally bound by these Terms of Use.
These Terms of Use shall override any Terms or Conditions stipulated, incorporated or referred to by you in any circumstances.
Amendments:
Dingley Dell Enterprises Ltd reserve the right to update and amend this Agreement. We may update these Terms & Conditions from time to time, any changes will be posted on the Dingley Dell website, and/or new copies can be sent to you via post or email upon request. It remains Your responsibility to ensure You have reviewed the Terms and Conditions regularly and familiarise Yourself with any changes or amendments. If you do not wish to accept the Terms and Conditions or if You do not agree with any of our Terms Of Use then You should not continue to use Dingley Dell Enterprises Ltd Goods and/or Services.
If you continue to use Dingley Dell Enterprises Ltd Services and/or Goods after the date in which the change/amendment comes into effect, your use of Dingley Dell Services or Goods indicates your Agreement to be bound by the new Terms and Conditions.
About Dingley Dell Enterprises Ltd:
Dingley Dell Enterprises Ltd manufacture and sell wood fired ovens, as well as selling and distributing accompanying wood fired oven accessories and other related products and services.
The Services and Goods are provided to you, the Buyer by Dingley Dell Enterprises Ltd. Any reference to “You” or “Your” means you and your use of our Services, any reference to“we”, “us”, “our” is reference to Dingley Dell Enterprises Ltd. “Goods” means product(s) sold by Dingley Dell Enterprises Ltd. “Services” mean labour by Dingley Dell personnel and agents, this may include but is not limited to: installation services, site surveys, provision of other information, consultation services or similar.
Dingley Dell Enterprises Ltd products may also be known by Bushman Wood Fired Ovens, these terms and conditions govern Dingley Dell Enterprises Ltd and any and all goods and services provided in connection with Dingley Dell Enterprises Ltd.
Dingley Dell Enterprises Ltd is a UK registered company.
Company Registration Number: GB6549364
Contact Us:
For further product information, questions about our terms and conditions, including our Privacy Policy and Return Policy, please contact a member of the Dingley Dell Enterprises Team.
Contact Dingley Dell Enterprises Ltd
By Post:
Dingley Dell Enterprises Ltd
20 Barnetts Close
Kidderminster
DY10 3DG
By Telephone:
01905-621636
Online:
www.dingley-dell.com
dingleydellenterprises@hotmail.co.uk
About You:
To use Dingley Dell Enterprises Ltd Goods and Services you confirm that you are
over 18 and the valid holder of any funds and/or the owner of any credit or debit card used during the purchase of our Goods and Services.
We reserve the right to refuse your order at our discretion.
These Terms and Conditions apply only to the Buyer/Customer who made payment for the product/goods/services. Any third party cannot claim on the product warranty or refer to this Agreement.
Prices:
The price of a product or service shall be as stated on the Dingley Dell website or in a paper or email quote at the time You place Your order.
All product or service descriptions and illustrations shown on the website or in our product literature (paper and/or electronic versions) are provided in good faith but are intended as guidance only and actual products or services may vary accordingly.
We try and ensure that all prices on our website and in our product literature are accurate but errors may occur. If we discover an error in the price of a product and/or service You have ordered, we will inform You as soon as possible and give You the option of reconfirming Your order at the correct price or cancelling it. If You cancel before Your order is confirmed, no payment will be taken from Your card. If You are made aware of incorrect pricing after payment is taken from your card we will give You the option of paying the difference, or will process a full or partial refund depending on the circumstances.
Prices are stated ex VAT. All goods and services may be liable to be charged VAT.
Payment:
Depending upon the product or service provided, payment must be either be completed in full before the product/service delivery or collection date, or within 30 days of the order for the product or service.
The Buyer will be notified of specific payment terms when the goods/services are invoiced for.
Acceptable methods of Payment are Bank Transfers (BACS), a cheque, provided the cheque has cleared funds into Dingley Dell Enterprises Ltd’s specified account before due/collection/delivery date. Other means of electronic payment such as PAYPAL may be agreed upon between Dingley Dell Enterprises Ltd and the Buyer.
Payment will be taken from your credit or debit card and will show as ‘DINGLEY
DELL ENTERPRISES’ on your bank statements.
You confirm that the credit/debit card or other payment method that is being used is Yours.
All credit/debit card holders and payment accounts are subject to validation checks and authorisation by the card issuer and/or payment processor. If the issuer of Your card and/or payment processor refuses to authorise payment Dingley Dell will not accept Your order and We will not be responsible for any delay or non-delivery.
Dingley Dell Enterprises Ltd are not responsible for Your card issuer, bank or payment account charging You for processing Your payment in accordance with your order.
We are not obliged to inform You of the reason for the refusal of an order. Dingley Dell Enterprises Ltd reserves the right, by notice to the Buyer, to cancel or suspend any order where payment has not been received in full.
Late payments may be charged interest. After attempted mediation, failure to settle payments in full may result in debt collection agencies being contacted and contracted to receive full payment, Goods or equivalent on behalf of Dingley Dell Enterprises Ltd. Charges incurred by Dingley Dell Enterprises Ltd to employ a collection agency will be transferred to the Buyer.
Returned cheques must be reissued and cleared with 30 days from the product/
service order date.
Title to the Goods shall remain vested in Dingley Dell Enterprises Ltd and shall not pass to the buyer until the purchase price for the goods has been paid in full and received by Dingley Dell Enterprises Ltd. Until Title to the Goods passes: Dingley Dell Enterprises Ltd shall have the authority to retake, sell or otherwise deal with and/or dispose of all or any part of the Goods.
Dingley Dell Enterprises Ltd and its personnel, agents or employees are entitled to, at any time and without need to give notice, enter upon any property where Goods or any related parts/products are stored or upon which Dingley Dell Enterprises Ltd reasonably believes them to be kept.
The Buyer shall store or mark the Goods in a manner reasonably satisfactory to Dingley Dell Enterprises Ltd indicating that title to the Goods remains vested in Dingley Dell Enterprises Ltd and the Buyer shall insure the Goods to their full replacement value and arrange for Dingley Dell Enterprises Ltd to be noted on the policy of insurance as loss payee.
Dingley Dell Enterprises Ltd reserves the right to terminate this Agreement if the
Buyer cannot pay their debts or becomes bankrupt or appoints an Administrator, Liquidator, Receiver or similar over the whole or substantial part of the assets and undertaking of the Buyer .
Delivery:
Delivery and installation dates are given in good faith but cannot always be met and therefore are not subject to any warranty or condition. No liability will attach to Dingley Dell Enterprises Ltd if delivery/installation dates are not met.
We deliver throughout the United Kingdom, although delivery to remote areas may incur a surcharge, such as parts of Scotland, the Scottish Highlands, Ireland,
Northern Ireland, Remote areas of Wales and Lands End Cornwall, as defined by the courier company. Contact Dingley Dell Enterprises Ltd for further information on courier details for your address. It is the Buyers responsibility to notify us, in advance, of any delivery difficulties which may be expected, including narrow roads, or helpful hints and tips of how to find you. Failure to do so may result in an additional delivery charge liable to the Buyer. Please remember Delivery vehicles can be very large and adequate space in access is required
The Buyer must check the delivery for any signs of damage before signing, failure to do so will void transportation insurance. The recipient must also check all goods are present and in good order. DO NOT SIGN and return the oven with driver if damaged. Contact Dingley Dell Enterprises Ltd immediately.
If your Goods are damaged upon delivery, Dingley Dell Enterprises Ltd must be notified within 24 hours. We must be notified in writing (paper or email) of any shortages in Goods delivered within 3 days of delivery. No responsibility whatsoever for such shortages or damages will be accepted by Dingley Dell Enterprises Ltd if the Buyer fails to notify us within the said period of 24 hours for damaged Goods and 3 days for missing Goods.
Dingley Dell Enterprises Ltd reserves the right to suspend or terminate performance of this Agreement where delivery or supply of the Goods and/or performance of this Agreement is affected by reasons outside of Dingley Dell Enterprises Ltd control such as, but not exclusively, force majeure, act of God, adverse weather conditions, government intervention, sanction or legislation.
Shipping and Freight Costs:
Shipping will be paid for by the Buyer in an amount agreed with Dingley Dell Enterprises Ltd prior to the Goods delivery and/or Services are undertaken. Delivery costs are non-refundable and non-transferable.
Non-standard deliveries/deliveries to remote areas may incur a surcharge or may be subject to additional taxes and charges after quoting, which you will need to settle before delivery or within 30 days of receipt of Goods and/or Services.
Goods sold are not insured for delivery unless confirmed as insured by Dingley Dell Enterprises Ltd on acceptance of order.
Failure to be present to sign for a delivery may result in a re-delivery charge of full price.
Refund/Returns Policy:
No refunds apply to Dingley Dell Enterprises Ltd. No return/ refund can be accepted without prior written approval. Agreed refunds/returns only apply to non-customised/ non-installed Goods. No refunds apply to customised Goods and Services by Dingley Dell Enterprises Ltd or other services and labour provided by companies contracted by Dingley Dell
Enterprises Ltd.
“Off the shelf” Goods with prior written approval for a refund/return are liable to a 25% re-stocking and packaging Goods charge, in addition, freight/shipping must be prepaid to the specified warehouse. No goods can be returned later than 30 days from purchase.
Dingley Dell Enterprises Ltd reserve the right to charge a processing fee where
applicable for additional charges incurred when handling your return. This does not affect your statutory rights.
Cancellation of an Order:
Cancellation of an order will result in a forfeit of 100% deposit charge or if no deposit is collected a 25% cancellation charge will be liable to the Buyer.
Cancellation of an order must be made in writing 3 days before collection or dispatch date. Cancellation of an order in under 3 days from the dispatch date may result in additional charges.
It is the responsibility of the Buyer to ensure adequate site access for delivery/ installation. Failure to be present to sign for Goods, inability to ensure adequate site access and maintaining a working environment for Dingley Dell Enterprises Ltd personnel or agents, may result in forfeit of 100% service charges and 25% Goods cancellation charge. Hostile environments or threatening behaviour towards Dingley Dell Enterprises Ltd personnel or agents will result in similar forfeits.
Our Goods and Services:
All goods or service descriptions and illustrations shown on the website or in product literature and emails are provided in good faith but are intended as guidance only and actual Goods or Services may vary accordingly. Dingley Dell Enterprises Ltd are not responsible or liable for any mis-communication or errors in its installation guidelines. Services and Goods provided will be outlined in writing before payment/delivery/collection or installation. Dingley Dell Enterprises Ltd shall not be responsible for damage, injury or loss of any kind whatsoever to any person, property or persons howsoever arising from the Goods or otherwise in connection with the installation or erection of the same. Dingley Dell Enterprises Ltd will not be liable for any losses or damage suffered by, including but not limited to damage to neighbouring or connected items or premises, consequential loss, loss of business, business interruption or loss of time due to the use or purchase of the Goods or Services by you. Nor shall we be responsible for any additional risks, which the Buyer’s insurance company may consider to have been undertaken by reason of the delivery, installation or use of the Goods supplied. We cannot be held responsible for any consequential loss in respect of breakdown, delay, and malfunction of our Goods or any of their components howsoever caused.
Dingley Dell Enterprises Ltd will not be liable for any additional damage caused by the Buyer’s failure to report a fault or defect in good time or failure to provide
reasonable access to the Goods for repairs, service or engineer visits.
Goods Colour and Texture:
Goods may deviate from the suggested colour shown on product photography
or showroom models.
Due to the nature of the casting material, dyes and present moisture content, the oven may appear to deviate from the suggested colour on the website. This is a normal expectation and your oven’s colour will level out over time with consistent firing. In addition the casting material the ovens are prone to minor chipping, this is a normal expectation of your wood fired oven and will not effect its use.
Ceramics and Oven Floors: All wood fired oven floors and domes crack – Dingley
Dell’s ovens are designed not to shift or come apart after a crack has occurred, thus avoiding any cooking problems. Some cracking is a natural part of all ceramic materials that come in contact with elevated temperatures, especially with daily heating and cooling. In a Wood Stone oven, the cracking that you may see in the floor of the oven is something that we expect to see eventually in all of our ovens. Moreover, in Dingley Dell’s older oven models we allowed for some of the shrinkage/expansion cracks by placing 3 expansion joints directly into the floor casting, and by casting joints into the dome. In the newest Dingley Dell oven models no longer include the expansion joints in the floor casting because we found that the oven would make a smaller joint than we could in our casting process. In fact, it has been our experience that because of the large amount of surface area still in direct contact there is no appreciable difference in cooking performance. Cracks due to use over time, contact with elevated temperatures or general wear and tear are not considered “damage” and therefore are not protected by this Agreement.
Warranty and Servicing:
All Dingley Dell Enterprises Ltd Goods are sold with an agreed level of Warranty
Service, this is in accordance with the Goods warranty certificate. This warranty does not extend to normal maintenance items including but not limited to adjustment of airflows, some air and gas mixture adjustments, pilot flame adjustment, door mechanisms, replacement of timers, thermometers, light bulbs, fuses, tightening of screws or fasteners. The warranty will be invalidated and/or become chargeable if any problem is due to user damage or abuse, water damage (cleaning or otherwise) damage due to fire, incorrect installation, gas or electric supply problems or insufficient extraction or make-up air, or failure to use the product as per the product manual describes. The warranty will be void if the equipment is improperly maintained, as proper maintenance is the responsibility of the buyer and/or user. The warranty will be void if the failure or malfunction of the product is caused by abnormal use or is otherwise not attributable to defect in material or manufacture. Any repairs or replacements of defected parts shall be performed by Dingley Dell Enterprises Ltd authorised service personnel. Dingley Dell Enterprises Ltd shall not be responsible for any costs incurred if the work is performed by anyone other than Dingley Dell Enterprises Ltd personnel. Dingley Dell Enterprises Ltd are not liable whatsoever where non Dingley Dell Enterprises Ltd personnel have been used to install/service Dingley Dell Enterprises Ltd Goods. The Warranty does not apply to customisation of the Goods by the Buyer, from it’s original factory state, the warranty does not apply to wear and tear and accidental damage.
Mobile Unit Warranty – If applicable, Your mobile catering unit will be covered by
your mobile unit supplier this may consist of, but is not exclusive to, a 6-12 month mechanical and equipment warranty. This warranty will be the obligation of the mobile unit supplier and not Dingley Dell Enterprises Ltd or any of its contracted agents or personnel. This Agreement is exclusively for Buyers of Dingley Dell Enterprises Ltd Goods and Services only.
Accidental, Incidental and Consequential Damage:
In no event shall Dingley Dell Enterprises Ltd be responsible and liable for any incidental and consequential damages to property, losses, bodily injuries and the like caused by defects in its products.
By purchasing a wood fired oven from Dingley Dell Enterprises Ltd you are hereby accepting our terms and conditions.
Customers use their Dingley Dell Enterprises Ltd wood fired ovens at their own risk. We advise customers to have an appropriate and working fire extinguisher close by at all times to tackle a fire should one occur in and around the vicinity of the oven.
Never leave your oven unattended and be wary of flying sparks.
Dingley Dell Enterprises Ltd are in no way liable for any building works undertaken including but not limited to ‘building in’ our ovens and building oven
stands. The guidance we provide to install our products are only guidelines and must be assessed by You the Buyer to be appropriate to your oven installation. Dingley Dell Enterprises Ltd are not responsible for any mis-communication or errors in its installation guidelines.
The Dingley Dell Enterprises Ltd Warranty does not apply to customisation of the Goods by the Buyer, from it’s original factory state. The Dingley Dell warranty does not apply to wear and tear and accidental damage.
Privacy Policy:
To purchase goods/services through Dingley Dell Enterprises Ltd you must provide your name, address, phone number, and email address. In order to make payments through BACS, PayPal Services, or other electronic payments you must provide credit card, debit card or bank account information. Your name, address, phone number, and email address is required for your product/service order and delivery and to ensure a safe, smooth, efficient, and customised experience. By purchasing from Dingley Dell Enterprises Ltd you agree that we may use your personal information to provide the services and customer support you request; resolve disputes, collect payment, and troubleshoot problems; customise, measure, and improve our services and the content and layout of our website, keep you informed of new products, special offers and other announcements from us. We will not sell or rent your personally identifiable information or disclose a list of our customers to
third parties.
We communicate with our customers via email to provide requested services, organise delivery, resolve Buyer complaints, distribute Buyer/Customer surveys and respond to your requests. Claims are managed via telephone and email. Generally, users cannot opt out of these communications, but they will be primarily informational in nature.
As part of our best practice policy, Dingley Dell Enterprises Ltd fully complies with the PCI Security Standards Council’s requirements regarding the collection, usage and disposal of customer’s financial, credit and debit information provided to purchase one of our products or services. This protects our customers from identity theft associated with compromised, insecure or stolen data and credit and debit information.
Dingley Dell Enterprises Ltd website may use cookie technology in order to store
your product selection information into a shopping basket. No personal information is ever collected in cookies and any cookies generated will be destroyed upon leaving our website.
Intellectual Property:
The website, Goods and Services, including images and technical drawings/ specifications of Dingley Dell Enterprises Ltd are protected by copyright, trademarks and other intellectual property rights. No license is granted to you in
these Terms and Conditions to use any trademark of Dingley Dell Enterprises Ltd or its affiliated companies.