terms&conditions*

These conditions apply to your use of our Website and any products therein. By accessing this Website, you agree to be bound by them. Now for the small print...

 
definitions ::

'Conditions' means these terms and conditions: 'Personal Information' means any personal details provided by you via the Website; 'User(s)' means (a) user(s) of the Website either collectively or individually, as the context requires; 'We/us/our' means Dynamix, 'Website' means the website located at http://www.dynamixdyes.com

or any subsequent URL which may replace it; and 'You/your' means you as a user of the Website.



indemnity ::

You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of the Conditions by you or any other liabilities arising out of your use of the Website, or products therein, or the use by any other person accessing the Website using your PC or internet access account, or the products therein.


our rights ::

We reserve the right to:

modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or the products therein, and/or change these Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

3rd party links ::

In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.


monitoring ::

We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).


your data ::

We respect your personal information and undertake to comply with applicable UK Data Protection legislation from time to time in place. You should be aware that: if we are requested by the police or any regulatory or government authority investigating suspected illegal activities, or upon receipt of a court order, to provide your Personal Information and/or information concerning your activities whilst using the Website we shall do so; and We reserve the right in our reasonable discretion to disclose details of your use of the Website in relation to any, or any threatened, Court Proceedings in connection with your use, or the use of anyone under your control, of the Website whether in connection with the matters set out in these Conditions or otherwise. Please view our Privacy Policy, which forms part of these Conditions.

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us. The Website is Copyright of Dynamix, which includes all written and image content therein. All rights reserved. 

intellectual property & rights to use ::

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us. The Website is Copyright of Dynamix, which includes all written and image content therein. All rights reserved. 

notices ::

You may send us notices under or in connection with these Conditions: by post to: Unit 45,Innotec Drive, Bangor,Co.Down, N.Ireland, BT19 7PD. By email to: info@dynamixdyes.com

Ref: NOTICES. Proof of sending does not guarantee our receipt of your notice, you must ensure that you have received an acknowledgement from us, which will be sent within 5 working days of our receipt and should be retained by you.


limitation of liability ::

WHILE WE WILL USE REASONABLE ENDEAVOURS TO VERIFY THE ACCURACY OF ANY INFORMATION WE PLACE ON OUR WEBSITE, WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO ITS ACCURACY. The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement. Unless specified in separate terms and conditions related to a particular product or service, we make no warranties of any kind, whether express or implied, in relation to the Website, or products or services offered on the Website whether by us or on our behalf including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade. Unless specified in separate terms and conditions related to a particular product or service, we make no warranty that the Website or products or services offered on the Website whether by us or on our behalf will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server that makes it available or products or services offered on the Website whether by us or on our behalf are accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of your visit to or purchase from our Website. Notwithstanding any other provision in the Conditions, nothing shall limit your rights as a consumer under United Kingdom law. You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you. We will not be liable in contract, tort otherwise if you incur loss or damage connecting to the Website through a third party's hyper-text link. We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the Website or products or services offered on the Website whether by us or on our behalf for any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special or indirect or consequential losses; in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred. Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees, or products supplied. 


severance ::

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.


waiver ::

Nothing shall be construed as a waiver by us of any preceding or succeeding breach of any provision. 

survival ::

Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.


entire agreement ::

These Conditions (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these Conditions.


law ::

The Conditions will be exclusively governed by and construed in accordance with the laws of United Kingdom whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.


A contract of sale shall be deemed to exist between Dynamix and you when you receive a confirmation of order from us or an invoice. You must check that the order details, invoice and delivery address are correct and notify us immediately of any discrepancies. We advise that you print a copy of this confirmation for your own records.

cancellation ::

You may cancel your order with us anytime up to 14 days after day of delivery and any payment made will be refunded, providing the goods have been ordered from stock. Send us an email with your order number, name and address to cancel. Upon receipt of stock item goods you may return them, at your own cost, as mentioned within 14 working days. They must be unused and if possible in the original packaging. Providing these conditions are met we will refund the cost of the received goods only. Refunds are made via the same method used for the original payment. This means that the cost of delivery cannot and will not be refunded. We can arrange collection on your behalf but the costs involved with doing so will be deducted from your refund.
Please Note: These conditions do not apply for the return of faulty / damaged goods (see below).

Special order colours cannot be cancelled once the order has been accepted as these are prepared specifically for the individual customer (you) and by the nature of a special order generally means that it is an item that we do not stock due to its popularity and therefore will be difficult to re-sell. 


delivery ::

We aim to despatch goods within 2 working days of completion of payment process for orders paid by credit/debit card or postal order. Orders paid by cheque will not be despatched before clearance of cheque (3-5 working days)
We will post items via the delivery method selected however we accept no responsibility for loss, damage or late delivery through no fault of our own. In certain cases it may be possible to claim compensation for lost items however we need to be notified within 21 days that the product has not arrived else we will not be able to claim and you may not receive according compensation on that lost item. In the exceptional circumstances where we find we are at fault ie. Non – delivery of order within 21 working days, we will resend the item, by a different courier, if deemed necessary.
Generally, items below will be dispatched via the Royal Mail Network via 1st class service. Other couriers may also be used, but you will be advised accordingly.


All goods over £40 are delivered via Royal Mail recorded/Special delivery service and require a signature upon receipt.

UK customers: Ref to orders over £40 .If you cannot arrange for someone to be available to sign for the goods, please let us know immediately for an alternative delivery date or alternative delivery address to be scheduled.

EU Customers: As above except delivery is between 5 – 14 working days depending on destination country.

International Customers: Normally International orders are shipped via standard Air Mail. Orders over £50 are normally shipped via ‘Royal Mail International Signed For’ service. Delivery times for International destinations vary greatly depending on location. We advise on a 10 –21 working day time scale from date of order.

customs ::

Upon ordering a product for international delivery you are accepting that if for any reason the goods are held up or seized at your countries customs it is your responsibility to try and have them released and any costs incurred or loss is accepted by you. You also need to be aware that our delivery costs do not include any duty or taxes that may be payable in your country. 


delivery charges ::

These are priced per item based on weight and value, Special rates apply for bulk orders. We reserve the right even after confirming your online order via email to obtain quotes from delivery companies for the cost of delivery of your item and if delivery cost is found to be more than the price previously charged to give you the option to pay the extra to have it delivered or to have a full refund. We will not be obligated to deliver the item at the previously charged price and put us in a loss making situation.

goods ordered in error ::

We will refund monies for any product ordered in error as long as it is returned to us at your expense and it is received in the same 'New' condition that it left us in. The cost for delivery to you will not be refunded. This will be deducted from your refund at the exact cost to us.

faulty or damaged goods ::

If you notice upon receipt that your package is damaged. You must take responsibility for checking over the goods and unpacking whilst the delivery driver waits, if necessary. In the unlikely event that the goods received are faulty or damaged, you must sign for the goods as damaged. If you sign to say that they are received in good condition we must assume that they were in good condition when delivered or you have confirmed acceptance of the goods in this damaged condition and we will not be able to rectify any fault how so ever caused or make any payments of compensation. You must notify us within 24 working hours of delivery by email or telephone or else a damage claim may not be possible. Please note* Photographic evidence may be requested as proof. Depending upon the extent of the fault / damage, you will be asked to return the goods in their original packaging (where possible) to our address (see About us). In the event that you are asked to return the goods, you will be offered a refund or replacement, providing there is no evidence of misuse.


retention of title ::

19.1 The legal and equitable title to the goods supplied under the contract (in this condition referred to as "the contract goods" which expression includes any of them) will not pass to the Buyer until the price for the contract goods has been paid in full and until such payment the Buyer will hold them in a fiduciary capacity as bailee for the Company.

19.2 Notwithstanding the provisions of condition 10.1 above, the Buyer shall be entitled to dispose of the goods for the account of the Company (but so that any warranties, conditions or representations given or made by the Buyer to his customer shall not bind the Company which shall be indemnified by the Buyer in respect thereof) and to pass good title to the goods to any customer which is a bona fide purchaser for value without notice of the Company's rights.

19.3 Where the contract goods are resold by the Buyer and at the time of such resale the property in such goods has not passed to the Buyer then the proceeds of such resale will be held by the Buyer in a fiduciary capacity on trust for the Company and the Buyer will account to the Company for the same to the extent necessary to pay the price for the contract goods and the Company shall have the additional right to recover in the name of the Buyer (for which purpose the Company is hereby appointed the Buyer's attorney) any price payable to the Buyer by his customer but if it shall exercise such right the Company shall account to the Buyer for the balance of the amounts recovered after recouping all debts due to the Company from the Buyer and the costs of such recovery.

19.4 The Buyer shall so long as the Company is entitled to the property in the con-tract goods store the contract goods so that they are identifiable as the property of the Company.

19.5 Without prejudice to any of the Company's other rights (whether to damages or under contract or otherwise howsoever) the Company may at any time after the price for the contract goods has become due and remains unpaid rescind the contract and/or recover any contract goods which are still the property of the Company. By entering into this contract the Buyer hereby authorises the Company's servants and agents to enter into any premises of the Buyer for that purpose.

pictures & images ::

Pictures and images throughout this site are used for illustration purposes only, from time to time product packaging may vary. You agree that any review or testimonial you submit, including photographs/video, either via the website, email or post, can be published, royalty free, without your notification. You also acknowledge that these may be edited and removed where appropriate.

You agree that Dynamix is not responsible for any loss, or damages incurred as a result of publication of your reviews, testimonials or photographs.

Every effort is made to keep our website constantly updated.


force majeure ::

We not liable for failure to perform our obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or telephone service. No party is entitled to terminate this Agreement under Clause 19 (Termination) in such circumstances.

If a party (we) asserts Force Majeure as an excuse for failure to perform the party's obligation, then the nonperforming party must prove that the party took reasonable steps to minimize delay or damages caused by foreseeable events, that the party substantially fulfilled all non-excused obligations, and that the other party was timely notified of the likelihood or actual occurrence of an event described in Clause 18 (Force Majeure).

Errors and Emmissions Excluded. This DOES NOT affect your statutory rights in anyway.


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