Terms & Conditions

Standard terms and conditions for the sale of goods or services

These terms apply to the sale of goods by DISPROOF Limited (“DISPROOF”, registered office: S68c High Street Bassingbourn, Royston, Herts, United Kingdom, SG8 5LF, registered number: 13168666, to the exclusion of all other terms, including any put forward by the consumer or business customer, unless a separate agreement has been signed and entered by the parties. Your placing of an order for any products with DISPROOF constitutes irrevocable acceptance of these terms.

  1. Agreement to these terms

 

  • We do not sell to anyone who is under 18 years old. By placing an order with DISPROOF you are confirming that you are 18 or older. It is illegal for us to sell alcohol to anyone under the age of 18. If you are buying any Products as a gift the recipient must also be over 18 years old.

  • These terms and conditions govern your ordering and purchase of any products (“Products”) from the DISPROOF website, Disproof.co.uk (the “Site”).

  • Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide the Products to you, how you and we may change or end a contract, what to do if there is a problem and other important information. They also contain some important obligations that you must meet, and what might happen if you do not meet those obligations.

  • In some areas you will have different rights under these terms depending on whether you are a business or a consumer. You are a consumer if:

    • you are an individual; or

    • you are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

    • If you require a VAT invoice we will assume that you are not purchasing as a consumer.

  • By using the Site and/or placing an order for any Products, you accept these terms and you agree to comply with them, to the exclusion of all other terms including any you may put forward.

  • An agreement, incorporating these terms, becomes binding between you and us:

    • in the case of an order, as soon as you receive confirmation of your order from us; or

    • in the case of your use of the Site, as soon as you access or use parts of the Site that are not dependent on placing an order.

  • If you do not agree with these terms you must not use our Site or purchase any Products.

  • We recommend that you print a copy of these terms for future reference.

 

  1. How to contact us

 

  • You can contact us by writing to us at hello@Disproof.co.uk or  68c High Street Bassingbourn, Royston, Herts, United Kingdom, SG8 5LF. If we have to contact you we will do so by telephone or by writing to you at the telephone number, email address or postal address you provided to us in your order.

  • When we use the words “writing” or “written” in these terms, this includes email.

 

  1. Account

 

  • You can only sign up for an account and/or order Products if you are at least 18 years of age and are a resident in the UK.

  • To sign up you will be required to provide us with your name, address, contact number, payment details and any other identification details we require. You warrant that the information you submit is yours, accurate, complete and up to date.

  • You are solely responsible for maintaining the accuracy of your account information on our Site.

  • The responsibility for the security of your account information and access is solely down to the named individual in the account. You are also responsible for all activities, including orders under your account, whether or not you actually authorised them. We accept no liability for any loss or damage arising from unauthorised access or use.

  • We have the right to suspend, terminate, or remove your account at any time at our own discretion.

  • You must notify us as soon as possible of any actual or suspected unauthorised use of or access to your account.

 

  1. The Products and placing your order

 

  • The packaging of Products may vary from that shown in images on the Site.

  • Your order is placed on the Site by pressing an order confirmation button at the end of the checkout process.

  • Our acceptance of your order will take place when we email you to accept it, 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 will not charge you for the Product. This might be for the following reasons:

    • the Product is out of stock;

    • due to unexpected limits on our resources which we could not reasonably plan for;

    • we have identified an error in the price or description of the Product;

    • we are unable to meet a delivery deadline you have specified; or

    • for any other reason at our discretion.

  • 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.

  • We reserve the right to decline any order at our discretion.

  • Our Site is solely for the promotion of our Products in the UK. Unfortunately, we do not accept orders from addresses, or for delivery to addresses, outside the UK.

 

  1. Your right to make changes

 

If you wish to make a change to the Product you have ordered please contact us. 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 the 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.

 

  1. Our right to make changes

 

  • We may change these terms, the Site and our Products:

    • to reflect changes in relevant laws and regulatory requirements; and

    • to implement technical adjustments and improvements, for example to address a security threat.

  • In addition, we may make other changes to these terms, the Products or the Site, but if we do so and it may adversely affect an order that you have placed, we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Products paid for but not despatched.

 

  1. Delivery

 

  • The costs of delivery will be as displayed to you on the Site.

  • During the order process we will provide an estimated delivery date, which should be within 30 days after the day on which we accept your order. Please note that this is only an estimated delivery date. We will not be liable for any failure to deliver on that date.

  • If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but which have not been despatched.

  • If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, our delivery agent may leave you a note informing you of how to rearrange delivery or collect the Products from a local depot.

  • If, after a failed delivery to you, you do not re-arrange delivery or collect the Products from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 11.3 will apply.

  • The Product will be your responsibility from the time we deliver the Product to the address you gave us or at the arranged location.

  • We may need certain information from you so that we can supply the Products to you. If so, this will have been stated in the description of the Products on the Site. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 11.3 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

 

  1. Payment

 

  • Any order or delivery shall be charged directly to your selected payment method.

  • You own a Product once we have received payment in full and it has been despatched to you.

  • All payments on our Site are in GBP and must be made in accordance with these terms.

  • The price for a Product (which includes VAT unless otherwise indicated) will be the price indicated on the order pages when you place your order. We use our best efforts to ensure that the price of the Product is correct.

  • If the rate of VAT changes, we will adjust the rate of VAT that you pay, unless you have already paid for the Product before the change in the rate of VAT takes effect.

  • Your order will only be dispatched after we have received full payment for the Product, unless we otherwise agree in writing at our absolute discretion.

  • If we allow you any credit we may alter the terms of such credit or revoke it at any time by giving you written notice to that effect.

  • We use a third-party supplied payment provider to collect and process your payments for Products.

  • The payment provider is responsible, and we shall not be liable for, any matter in connection with the processing of payments.

  • You agree to notify us or our payment provider of any issues or discrepancies in respect of payments within 60 days after they first appear in your account. If you do not notify us within 60 days, you agree to waive your right to dispute these issues.

  • If you do not make payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 4% above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount. We may also cancel your order(s).

  • If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we may charge you interest on correctly invoiced sums from the original due date.

 

  1. Cancellation and suspension of the contract

 

  • Subject to this clause 9, the contract for an order will be deemed to have commenced at the time the order is placed and you will be liable to pay the full amount of the order.

  • You may end a contract for a reason set out at (a) to (e) below. If you wish to do so, you must give us written notice of termination and the contract will end immediately. We will refund you for any Products which have not been despatched and you may also be entitled to compensation. The reasons are:

    • we have told you about an upcoming change to the Product or these terms which will have an adverse effect on you and you do not agree to that change (see clause 6.2);

    • we have told you about an error in the price or description of the Product you have ordered, and you do not wish to proceed (see clause 4.4(c));

    • there is a risk that supply of the Products may be significantly delayed because of events outside our control (see clause 4.4(d));

    • we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or

    • you have a legal right to end the contract because of something we have done wrong (see clause 12).

  • Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, whether you are a consumer or business customer, when you decide to end the contract:

    • If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the Product repaired or replaced or to get some or all of your money back), see clause 12;

    • If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.2; or

    • If you are a consumer and have just changed your mind about the Product, see clause 9.4.

  • If you are a consumer then for most Products bought online you have a legal right to change your mind about your order and receive a refund. These rights can be found in the Consumer Contracts Regulations 2013. The right to change your mind applies from the time you place your order until 14 days after delivery of the Product – this is called the “Cooling Off Period”. If you change your mind during the Cooling Off Period:

    • we have a legal right to retain the amount by which any enhanced delivery costs paid by you exceed standard delivery costs;

    • you must pay the cost of returning the Products to us; and

    • you must return the Products to us without undue delay and in any event not later than 14 days after days after the day on which you informed us of your decision to cancel your order.

  • Your right as a consumer to change your mind does not apply in respect of the Products once they have been opened or unsealed after you receive them.

  • If you exercise your right to cancel, we will inspect the Product when it is returned to us and provide you with the refund once we have verified that it has not been opened or unsealed.

 

Suspension

  • We may have to suspend or delay the supply of a Product to:

    • Deal with technical problems or make minor technical changes; or

    • Update the Product to reflect changes in relevant laws or regulatory requirements.

 

  1. Ending the contract with us

 

  • To end the contract with us in the circumstances permitted by these terms, please let us know by emailing us at hello@Disproof.co.uk Please provide your name, home address, details of the order and, where available, your phone number and email address.

  • If you end the contract for any reason permitted by these terms after Products have been despatched to you or you have received them, you must return them to us. You must arrange for them to be delivered back to us at an agreed location or (if they are not suitable for delivery) allow us to collect them from you. Please email us at hello@Disproof.co.uk for a return label or to arrange collection. You must send off the goods within 14 days of telling us you wish to end the contract.

  • We will pay the costs of return:

    • if the Products are faulty or misdescribed; or

    • if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

             In all other circumstances you must pay the costs of return.

  • If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.

  • If you are entitled to a refund under these terms we will refund you the price you paid for the Products including basic delivery costs, by the method you used for payment. However, we may make deductions from the price, as described in these terms.

 

  1. Our rights to end the contract

 

11.1      We may end the contract at any time by writing to you if:

  • you do not make any payment to us when it is due;

  • 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;

  • you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us; or

  • you commit any other serious breach of your contract with us.

  • If we end the contract in the situations set out in clause 11.1, in addition to any payment due from you and any other rights we may have, we may:

    • terminate your order; and/or

    • obtain possession of any of the Products in your possession; and/or

    • deduct or charge you £10 (or more if reasonable) as compensation for net costs we will incur as a result of you breaking the contract.

  • If we end the contract in the situations set out in clauses 7.5, 7.7 or 11.1 we will refund any money you have paid in advance for Products we have not despatched but we may deduct or charge you £10 (or more if reasonable) as compensation for the net costs we will incur as a result of your breaking the contract.

  • We may write to you to let you know that we are going to stop providing the Product. We will let you know at least 7 days in advance of our stopping the supply of the Product and will refund any sums you have paid in advance for Products which will not be provided.

 

  1. Defective Products

 

Consumers

 

  • If you are a consumer we are under a legal duty to supply Products that are in conformity with this contract.

  • If you exercise your legal rights to reject the Product you must:

    • give us notice in writing, including a photo of the Product, showing that a Product is defective;

    • give us reasonable opportunity to examine the Product; and

    • return the Product to us.

  • We shall, at our option, repair or replace the defective Product, or refund the price of the defective Product in full. To return the Product, you must arrange for the Product to be delivered back to us at DISPROOF Suite 3, 46 Kneesworth Street, Royston, Herts SG8 5AQ or (if they are not suitable for delivery) allow us to collect them from you. Please email us at hello@Disproof.co.uk for a return label or to arrange collection. You must send off the goods within 14 days of telling us about the problem.

 

Business customers

 

  • If you are a business customer we warrant that on delivery the Products shall:

    • conform with their description in all material respects; and

    • be free from material defects, design, material and workmanship.

  • Subject to clause 12.6, if:

    • you give us notice in writing within 14 days of taking delivery that a Product does not comply with the warranty set out in clause 12.4;

    • we are given reasonable opportunity to examine the Product; and

    • you return the Product to us at our cost,

we shall, at our option, repair or replace the defective Product, or refund the price of the defective Product in full.

 

  • We will not be liable for the Product’s failure to comply with the warranty in clause 12.4 if:

    • we are able to demonstrate that the Product was not defective at the time of delivery;

    • you make further use of the Product after giving a notice in accordance with clause 12.5(a);

    • the defect arises because you failed to follow our oral or written instructions as to the storage, use or maintenance of the Product or good trade practice;

    • you alter the Product without our written consent; or

    • the defect arises as a result of fair wear and tear, wilful damage or negligence.

  • Except as provided in this clause 12, we shall have no liability in respect of defects.

 

  1. Limitation of liability

 

  • Nothing in these terms shall limit or exclude our liability for death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors or fraud or fraudulent misrepresentation.

  • Provided that you enter a contract with us as a consumer, nothing in these terms restrict your rights as a consumer.

  • If you are a business customer, our total liability to you for all losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the price of the Products in relation to which such liability arose.

  • Subject to clauses 13.1 and 13.2, we will not be liable, whether in contract, tort (including negligence), breach of statutory duty or otherwise:

    • for any indirect or consequential loss;

    • for any loss of profit, loss of business, loss of opportunity; or

    • for any other financial loss.

 

  1. Privacy and data protection

 

We will use your personal information as set out in our Privacy Policy. By placing an order, you acknowledge such use.

 

  1. Assignment

 

  • We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

  • You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing in advance.

 

  1. Third party rights

 

This contract is between you and us. No other person shall have any rights to enforce any of its terms.

 

  1. Severance

 

Each of the clauses of these terms operate separately. If any court or relevant authority decides that any clause or part of a clause are unlawful, the remaining clauses and parts will remain in full force and effect.

 

  1. Entire agreement

 

  • These terms, together with any order, constitute the entire agreement between you and DISPROOF Limited and superseed and extinguish all previous agreements, promises, assurances, warranties, representations and understandings, whether written or oral, relating to its subject matter.

  • You and we both agree that neither party shall have remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms.

 

  1. Governing law and jurisdiction

 

  • These terms are governed by English law and you can bring legal proceedings in respect of this contract or the Products in the English and Welsh courts.

  • For consumers only: if you live in Scotland, you can bring legal proceedings in respect of this contract or the Products in either the Scottish or the English and Welsh courts; if you live in Northern Ireland, you can bring legal proceedings in respect of this contract or the Products in either Northern Irish or the English and Welsh courts.