Terms of service

GENERAL TERMS & CONDITIONS

TERMS OF USE & OWNERSHIP OF WEBSITE & CONTENT

  1. Dock & Bay Ltd CN 9444124 [United Kingdom] ("Dock & Bay”, we, and us") owns and operates this website. By using or accessing this website you acknowledge that you have read, understood and agreed to be bound by these terms and conditions ("Terms of Use"). If you do not agree to these Terms of Use, please do not use our website.

  2. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look and graphics of the website.

  3. The material on this website is protected by copyright under the laws of Australia and may not be used without written permission by Dock & Bay. No trade mark (whether registered or not) that is displayed on this website may be used in any way without the prior written consent of Dock & Bay or of the relevant trade mark owner. Any reproduction of the website’s material is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

  4. Any trademarks reproduced in this website, which are not the property of, or licensed to us, are acknowledged on the website.

  5. Unauthorised use of this website may be a criminal offence and/or give rise to a claim for damages.

SECURITY AND ACCESS

  1. This website may also, from time to time, include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. They do not signify that we recommend or endorse the websites. We have no control over the nature, content and availability of those websites.

  2. To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.

  3. Dock & Bay cannot guarantee any data or program available for download on this website (or any website linked to it) is free of viruses, malware or other spyware. You agree that you assume all risk of any damage to your computer as a result of using this website.

  4. We cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.

REVISIONS AND LIABILITY

  1. Dock & Bay may revise or amend these Terms of Use or the Terms of Product Purchase below at any time in its absolute discretion by posting revised or amended terms, and these revisions and amendments will be effective immediately. If any of the terms are found to be unenforceable, you agree and acknowledge that the remainder of the Terms of Use and the Terms of Product Purchase remain in full force and effect.

  2. Dock & Bay provides this website and its contents on an "as is" basis, and makes no representation as to the accuracy, completeness, currency or reliability of the information contained on this website. Dock & Bay will not be liable in contract, tort (including negligence) or otherwise to you for any direct, special, indirect or consequential loss or damage (including loss of profits or loss of data) arising out of or in connection with this website.

  3. You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the website.

YOUR PRIVACY IS IMPORTANT

  1. We are committed to protecting the privacy of everyone who shops or interacts with us. Our Privacy Policy sets out our commitment to you on privacy, including our use of "cookies".

  2. This website uses cookies to monitor browsing preferences. If you allow cookies to be used, the personal information submitted by you may be stored by us for use by third parties.

  3. By using the website, you agree to the collection, transfer, storage and use of your personal information by the Site and Dock & Bay on servers as described in our Privacy Policy. You also agree to receive marketing communications from us, our sponsors or affiliates, unless you tell us otherwise.

  4. Dock & Bay operates this website from its offices within the United Kingdom. The laws of United Kingdom govern these Terms of Use and the Purchase Terms below, and you agree to submit to the non-exclusive jurisdiction of the courts of United Kingdom. You agree to be responsible for compliance with applicable local laws if you access this website outside United Kingdom.

PRODUCT PURCHASE TERMS - THE AGREEMENT

  1. In addition to the Terms of Use, these terms and conditions ("the Product Purchase Terms") set out the additional terms and conditions under which you may purchase from Dock & Bay products appearing on this website. By going through the process of signing up to become a customer and/or purchasing products from this website, an agreement exists between you and Dock & Bay once Dock & Bay accepts an online order. Each online order which is accepted is a separate agreement.

  2. You must complete the customer application process before placing any orders. You warrant that all information and data provided by you is accurate, complete and up to date. You agree that you will promptly notify Dock & Bay if there is any change to this information or data.

  3. You must take responsibility for the safekeeping of your username and password, as you are liable if an unauthorised person uses your username and password.

  4. You place an order with Dock & Bay by selecting products and pressing the "checkout" button on the checkout page. Dock & Bay reserves the right to accept or reject an order for any reason including without limitation, unavailability of product; an error in the price, image or the product description; or error in your order. Orders are deemed received by Dock & Bay at the time of successful transmission of the order, and you will thereafter be unable to cancel the order. Orders are deemed accepted by Dock & Bay upon Dock & Bay acknowledging such order or failing to reject such order within 14 days.

  5. Please note that we do not tolerate any expletives or offensive language on personalised products and we have the right to refuse personalisation and cancel the order at our discretion.

  6. Dock & Bay will not be held responsible for any taxes or import duties.  Dock & Bay operates stores in the UK, USA, Canada, Australia, EU & Worldwide.  The worldwide website should be used if ordering from any country outside the UK, USA, Canada, Australia & the EU.

  7. You are solely responsible for the accuracy of the delivery information provided by you when you place your order and Dock & Bay will not be held responsible to you or to the intended recipient in the event that your order is delivered to the incorrect address and therefore lost, unless the error arises directly from Dock & Bay’s negligence.

  8. You are solely responsible for the accuracy of the information entered for personalisation orders and Dock & Bay will not be held responsible to you in the event this is incorrect unless the error arises directly from Dock & Bay’s negligence.

PRODUCT AVAILABILITY, PRICING & PAYMENT

  1. Dock & Bay uses its best endeavours to ensure products displayed for sale on our website and ordered are available for delivery. If a product is unavailable, we will usually notify you prior to you completing your order. However, you acknowledge that in some cases this is not possible and Dock & Bay may need to reject an order you have placed for a product where Dock & Bay establishes that it is actually unavailable for delivery. In such cases Dock & Bay will refund in full all amounts you paid in respect of such unavailable product.

  2. Dock & Bay reserves the right to cancel an order up to the point of delivery. The processing of a payment and acknowledgement of an order does not constitute a legally binding contract.

  3. Dock & Bay cannot provide rainchecks for products ordered online, and as far as it is permitted by law, reserves the right to limit the sale of products to reasonable or normal household quantities.

  4. You must pay for your products purchased on this website at the time of placing an order. To pay for products, you will be transferred to an external site operated by Paypal ("Paypal"). You agree that Paypal is responsible for processing and the security of your payment, and you hereby release Dock & Bay from any liability in relation to such payment. Please refer to Paypal’s terms of use for conditions applying to payment processing services.

  5. We may vary the prices for goods and/or services on this website at any time, and prices are subject to change until such time as you have paid for the products in full.

Klarna (UK ONLY)

  1. In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:

Pay Later

Further information and Klarna’s user terms you can find here. General information on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna's privacy statement.

RETURNS

  1. If you change your mind, we accept returns within 30 days of delivery. Once we receive and process your return, your refund will either be credited to the original payment method or you will be given a credit on your account, depending on personal preference.

  2. Please ensure you return meets the criteria below:

-        Item(s) must be received back in their original condition, with no snags or marks

-        Item(s) must be unwashed / unused / unworn

-        Item(s) must be returned in their original packaging with hang tags still attached. If you have lost the protective biodegradable bag, that is OK.  If shipping the item yourself, you will need to obtain proof of postage, otherwise we will not be able to refund for lost packages. 

- Item(s) packaged in boxes must be returned with the box intact.  If the item(s) are damaged in transit due to poor packaging, Dock & Bay will not be able to refund due to damage.

  1. Your refund will be issued within 7 days of receipt of the parcel back at our warehouse.

FAULTY OR DAMAGED ITEMS

  1. It is at Dock & Bay’s discretion to offer a replacement for item(s) purchased through authorised retailers.  Proof of purchase within the last 30 days must be provided in order to receive a replacement for faulty item(s).  

  2. If you have been gifted a Dock & Bay item(s) that is faulty and do not have proof of purchase, please provide us with the order number if possible.  In this circumstance, it is at Dock & Bay’s discretion to offer a replacement or % discount of the value of the item in the form of a gift card.

  3. We hold our products to the highest quality standards, because you deserve the very best. If your product is less than perfect (faulty) within the first six months of use (including rips, tears, discolouration, colour runs) then we’ll get it replaced, free of charge.

  4. Our six month warranty cover includes rips, tears, discolouration due to colour runs which are due to manufacturing or delivery issues.  It does not cover issues caused by general wear-and-tear, such as staining or incorrect washing.

  5. You are responsible for the cost of your return unless the item is faulty, damaged or incorrect in which case Dock & Bay will reimburse all your postage costs.

LOST OR DELAYED 

  1. If you do not receive item(s) ordered by you within a reasonable time of the estimated delivery date on which you ordered them, we shall have no liability to you unless you notify us by email or via our contact form, with information about the problem within 14 days of the date on which you ordered the item(s). If you notify us of a problem under this condition, we require 7 working days to investigate with the courier.  If your order is deemed lost by the courier, your option is either;

- Item(s) will be re dispatched at no extra cost (providing stock availability).

OR

- Item(s) will be refunded as a credit on your account.

SOCIAL MEDIA

  1. You are responsible for any messages posted to Dock & Bay’s social media channels. We reserve the right to delete any message submitted by you if, in our sole discretion, your message is or is likely to be considered by any person to be defamatory, offensive, obscene, abusive, hateful, threatening, discriminatory, inflammatory, harmful, sexually explicit, deceptive, fraudulent, infringing of intellectual property rights or in any way unlawful.

GIFT CARD

  1. eGift Cards shall be sent to the recipient's email address specified when you placed your order at a similar time as our dispatch confirmation email is sent.

  1. You are solely responsible for the accuracy of the information provided by you when you place your order and we have no liability to you or to the intended recipient in the event that your order is delivered to the incorrect address unless the error arises directly from our negligence. 

  1. We have no liability to you or to the intended recipient for the late or non-delivery of any eGift Card in circumstances where the late or non-delivery of the eGift Card arises from an interruption to or failure of your computer equipment (or any other electronic device), your internet connection or your ability to receive emails.

  1. Gift Cards are valid for a period of 12 months starting on the date of purchase (clearly marked on the digital gift card), following which they expire automatically. A Gift Card cannot be used after the expiry date and any balance remaining upon expiry shall be lost. We have no obligation to remind or inform you of a Gift Card's expiry and it is your sole responsibility to ensure that any balance is used in full prior to expiry.

  1. Gift Cards may not be exchanged for cash. No change will be given when payment is made using a Gift Card and any unused balance will remain on the Gift Card for use in relation to future purchases.

DISCOUNT TERMS

  1. Discount codes cannot be used in conjunction with any other offer or code - only one can be used per transaction (stacking of discount codes is not permitted).

  2. Code must be manually entered at checkout in the coupon code box before payment, unless specified otherwise.

  3. Valid only until date specified.

  4. Valid only on orders over $30, unless specified otherwise.

  5. Discount codes are not valid on the cost of personalisation.

  6. Valid discount codes will only be found on our website, social media or mailing list.

  7. Discounts can only be redeemed on ca.dockandbay.com.

  8. For more information please see the discount terms page here.

PROTECTING AND MAINTAINING PERSONAL INFORMATION

  1. We will take all reasonable steps to protect the information we hold about you from unauthorised access, use and disclosure, however we cannot guarantee that our systems and stored data will be completely free from third party interception or are free from corruption.

  2. Certain parts of the Websites (such as those parts that require you to provide us with your credit card number) provides the ability for you to transmit information to our Websites in an encrypted form by using secure socket layer technology (SSL). However, other parts of the Websites are not protected by any form of encryption to protect information you send from your computer to us over the Internet. Further, no method of transmission over the Internet, or method of electronic storage, is 100% secure. In light of this, we cannot ensure or warrant, and do not warrant, the security or privacy of your personal information, including payment and account details. You transmit this information at your own risk. If you have any questions regarding security you can contact us via the Contact Us page.

  3. If you use our Websites to link to another site we encourage you to view their terms and conditions of use, privacy policies and security statements before disclosing any of your personal information on those sites.