Terms and Conditions
These terms and conditions ('the Terms') govern the users ('you' or 'your') use of the website www.dekaianime.com ('the Website') and any orders you place.
Please read them carefully as they affect your rights and liabilities under law. If you do not agree to these Terms, please do not access nor use the Website. If you have any queries regarding these Terms then please contact us.
- These Terms and Conditions will apply to the purchase of the goods by you. We are Dekai Ltd (Company number: 12637304) of Unit 6B, Humber Bridge Industrial Estate, Harrier Road, Barton Upon Humber, North Lincolnshire, DN18 5RP (refered to herein as the Supplier, us, we or our).
- These are the terms on which we sell Goods to you. By using the Website you agree to be bound by these Terms and Conditions. Before placing an order on the Website, you will be asked to confirm your agreement of these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to complete your Order.
- Customer means an individual using the Website to purchase Goods;
- Contract means the legally-binding agreement between you and us for the supply of the Goods;
- Delivery Location means the Customer’s premises or other location where the Goods are to be supplied, as set out in the Order;
- Goods means the goods advertised on the Website that we supply to you of the number and description as set out in your Order;
- Pre-Order Goods and On Demand Goods means goods which are ordered upon customer request.
- Order means the Customer's order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
- Website means our website wwww.dekaianime.com on which the Goods are advertised.
- The description of the Goods is as set out in the Website or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
- In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
- All Goods which appear on the Website are subject to availability.
- We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
- We may contact you by using e-mail or other electronic communication methods and by pre-paid post for marketing purposes if you have expressly agreed to this
- We may also contact you where it is necessary to communicate information regarding your Order(s).
- The description of the Goods in our Website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we may reject it for any reason, although we will try to tell you the reason without delay.
- The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
- A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Fulfilment of the Order (e.g. an Order Shipping Confirmation email).
- Prior to fulfilment we will provide an automated Order Confirmation. This confirms the placement of your Order. You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you.
- By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
- Prior to Fulfilment we may amend or cancel the order for any reason, including (but not limited to) availability of the Goods, Customer request and incorrect information.
- No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
- We intend that these Terms and Conditions apply only to a Contract entered into by you as a Customer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a business.
Price and Payment
- The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
- We endeavour to make sure correct priucing information is available however we reserve the right to update pricing, reject or amend orders or take any other actions necessary where prices shown were incorrect at any time.
- Prices and charges include VAT at the rate applicable at the time of the Order.
- You must pay by submitting your credit or debit card details via one of our payment gateways (Stripe or PayPal) at the time of placing your Order and we can take payment immediately or otherwise before delivery of the Goods.
- We reserve the right to amend or update prices and charges subsequent to the placement of an Order in the event we become aware of pricing errors or substantial additional charges we will incur to fulfil the order. If this occurs we will endeavour to contact you to discuss how to proceed with the Order.
- We will contract a Courier or Postal Service to deliver the Goods, to the Delivery Location without undue delay.
- Most orders are shipped within 48 hours after a successful Order has been placed.
- Please note that during exceptionally busy periods, such as November and December (prior to Christmas) or during Sale periods it may take longer to ship orders due to the number of orders being processed.
- All UK orders should be received within 3-5 working days of being shipped. Unfortunately, no compensation can be offered for deliveries that take longer than the estimated delivery time.
- If we accept an Order for delivery outside of the following areas, England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands, you may need to pay import duties or other taxes, as we will not pay them.
- We do not ship orders to Post Office boxes or international package forwarding services such as (but not limited to) Aramex, Borderlinx or vPost. Any such orders placed will be cancelled and refunded.
- You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason including the provision of pre-ordered Goods ordered prior to us receiving stock, subject to the above provisions and provided you are not liable for extra charges.
- We reserve the right to select the courier or postal service used to deliver your Order as we deem to be most appropriate based on factor including but not limited Order size, value and fees charged or incurred. Usage of a specific courier or postal service to deliver an Order does not guarantee the same will be used to deliver subsequent Orders.
- If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
- The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
- Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
- You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal, return of goods and cancellation
- You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
- You can cancel your Order(s) by telling us within 14 days of the goods having been received. Except in the cases where Goods are made to your special requirements or ordered specially for you (Pre-Ordered Goods and On Demand Goods).
- Goods must be returned to us within 14 days of you notifying us of your intention to return them.
- If you simply wish to change your mind and cancel your order without giving us a reason, and without liability, you must return to any of our business premises the Goods in undamaged condition at your own expense.
- We must without delay refund to you the price for those Goods which have been paid for in advance, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods.
- In the event you receive defective Goods please e-mail firstname.lastname@example.org, detailing the reasons for the return. Where Goods received are defective we may offer a refund, exchange for undamaged goods or other remedy we determine to be suitable. This may be subject to the return of the damaged Goods.
- We are unable to accept the return of goods or offer any refund/compensation for goods damaged during use by the customer. This includes accidental damage, mishandling of goods or damage sustained through normal use or aging.
- The above clauses (1-8) describe the Returns Right which is different and separate from the Cancellation Rights outlined below (8-19).
- This is a distance contract which has the cancellation rights set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
- goods that are made to your specifications or are clearly personalised;
- goods which are liable to deteriorate or expire rapidly (e.g. foodstuff).
- goods which are ordered specially upon customer request i.e. Pre-Ordered Goods and On Demand Goods.
- The cancellation period will expire after 14 days from the day on which you, or a third party indicated by you dependant on the Delivery Location, acquires physical possession of the Goods. In a contract for the supply of goods over time (i.e. subscriptions), the right to cancel will be 14 days after the first delivery.
- If you wish to return your item, please e-mail email@example.com, detailing the reasons for the return. Upon receipt of a returns request, you will be provided with an RMA number which must be included in or on the packaging when you return the item.
- You are responsible for safely packaging the item and all items should be returned with their original packaging/product tags and in an untampered state.
- To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
- Goods must be returned to us within 14 days of you notifying us of your intention to return them.
- Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
- We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (i.e. handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: e.g. it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss. This deduction will be approximately 15% of the product cost.
- If Goods are returned missing their original packaging and/or in a non-resaleable state no refund will be permissible.
- Whether Goods are in a non-resaleable state will be determined exclusively at our discretion upon receipt of the returned Goods.
- If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
- 14 days after the day we receive back from you any Goods supplied, or
- (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
- If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
- We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
- An excessive number of cancellations may adversely effect your account. We reserve the right to refuse sale of On Demand and Pre-Order Goods to a customer on this basis. We reserve sole discretion in determining the amount of cancellations which are considered excessive.
- For the purposes of these Cancellation Rights, these words have the following meanings:
- distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
Conditions Regarding On Demand Goods and Pre-Ordered Goods
- We offer the ability for customers to place special orders for Goods we do not hold in-stock or prior to us obtaining stock. These products will be listed as On Demand Goods and Pre-Order Goods on our Website.
- Both On Demand and Pre-Ordered Goods are subject to the previous terms and conditions as well as the following. Where any contradictions arise the following terms and conditions take precedence.
- A Contract will be formed for the sale of On Demand or Pre-Ordered Goods ordered when you receive an email from us confirming the acceptance of the Order (e.g. an automated Order Confirmation email).
- We reserve the right to cancel the Order/Contract if we are not able to supply the On Demand or Pre-Ordered Goods. We will endeavour to notify you and reimburse any payments made as soon as reasonably possible once we are aware of the inability to fulfil the Order.
- We offer customer the ability to place 25% of the Goods list price as a deposit only for Pre-Order Goods. We require Customers to pay the remaining balance of the Goods list price prior to shipping the Pre-Order Goods. When this balance is invoiced, payment should be made within 4 working days upon receipt of the invoice.
- The 25% deposit paid covers our administrative costs in securing a customer’s order with our suppliers and invoicing final payments once the product is due for release and as such we cannot offer refunds for deposits paid. This does not affect customers statutory rights once a product has been fully purchased i.e. once the final invoice has been paid. When a pre-order is paid for in full we consider 25% of the price paid at that point to constitute a 25% deposit covering the aforementioned administrative fees.
- All On Demand order, Pre-Order orders and Pre-Order deposits are non-cancellable and non-refundable. This is because On Demand and Pre-Ordered Goods constitute a special order placed with our suppliers in response to a Customer request and are typically Goods we would not order without such a request having been made or where the quantity of Goods ordered in normal circumstances would be less without the Customer request. Any refund processed on a gesture of goodwill basis will be less any payment processing fees (e.g. those charged by Stripe and PayPal) incurred by Dekai Ltd in the process of a customer placing an order they no longer wish to proceed with, as these are non refundable by our card processors and as such not a charge we would otherwise have incurred without the customer order having been placed.
- The sole exclusion to the previous point is where a severe delay in our receipt of the Pre-Ordered Goods has occurred – in such situations cancellation can be requested for a full refund. A severe delay may be considered to be one exceeding 6 months but will be determined on a case by case basis at our discretion.
- Delivery costs for Pre-Order Goods are calculated based on the month we expect the Pre-Order Goods to arrive in-stock and shipping for Pre-Order products is charged separately to normal in-stock items.
- We reserve the right to adjust pre-order release/expected in stock dates not limited to delays caused by the following: release date adjustment by the manufacturer/supplier, force majeure and postal delays.
- We reserve the right to refuse sale of On Demand and Pre-Order Goods to a customer for any reason.
- We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
- Upon delivery, the Goods will:
- be of satisfactory quality;
- be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
- conform to their description as best as possible.
- It is not a failure to conform if the failure has its origin in your materials or subsequent handling of the goods.
Circumstances beyond the control of either party
- In the event of any failure by a party because of something beyond its reasonable control:
- the party will advise the other party as soon as reasonably practicable; and
- the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel, below.
- Your privacy is important to us. To respect your privacy and meet legal requirements regarding your personal information, we comply with the General Data Protection Regulation.
- For any enquiries regarding data privacy, you can contact our Data Protection Officer at the following e-mail address: firstname.lastname@example.org.
Customer Reward Scheme
- These Terms and Conditions are in addition to, and should be read alongside, our Reward Scheme Policy (https://www.dekaianime.com/omake-points/terms-and-conditions.html).
- The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g. loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
Governing law, jurisdiction and changes
- The Contract (including any non-contractual matters) is governed by the law of England and Wales.
- Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
- We may change our terms and conditions at any time. Please do not assume that previously agreed terms apply to future orders.