Terms & Conditions

Last updated: July 29, 2015

These terms and conditions relate to both the use of the Discover Direct website and the terms and conditions under which we will supply products to you. Each is presented separately in turn.

1. Agreement to Terms of Use of Discover Direct Website

   1. These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and Discover Direct Limited, doing business as Discover Direct, located at 18 Cranborne Avenue, Norwood Green, Southall, Middlesex UB2 4HY United Kingdom (we, us), concerning your access to and use of the Discover Direct (https://www.discoverdirect.co.uk/) website as well as any related applications (the Site).

      The Site provides the following services: online store for a wide range of exclusive fabrics (Services). You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions.

      If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.

   2. The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and condition or documents that may be posted on the Site from time to time, are expressly incorporated by reference.

   3. We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.

   4. We may update or change the Site from time to time to reflect changes to our products, our users' needs and/or our business priorities.

   5. Our site is directed to people residing in United Kingdom. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

   6. The Site is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Site or use the Services without parental permission.

   7. Additional policies which also apply to your use of the Site include:

      • Our Privacy Notice https://www.discoverdirect.co.uk/privacy-notice/, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.

      • Our Acceptable Use Policy below (clause 2) which sets out the permitted uses and prohibited uses of the Site. When using the Site, you must comply with this Acceptable Use Policy.

      • Our Cookie Policy https://www.discoverdirect.co.uk/cookie-consent/, which sets out information about the cookies on the Site.

      • if you purchase physical goods from the Site, our terms and conditions of supply https://www.discoverdirect.co.uk/terms-and-conditions/ will apply to the sales.

2. Acceptable Use

   1. Our Acceptable Use Policy below sets out all the permitted uses and prohibited uses of this site.

      You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

      As a user of this Site, you agree not to:

      • Systematically retrieve data or other content from the Site to a compile database or directory without written permission from us

      • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretences

      • Use a buying agent or purchasing agent to make purchases on the Site

      • Use the Site to advertise or sell goods and services

      • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use

      • Engage in unauthorized framing of or linking to the Site

      • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords

      • Make improper use of our support services, or submit false reports of abuse or misconduct

      • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools

      • Interfere with, disrupt, or create an undue burden on the Site or the networks and services connected to the Site

      • Attempt to impersonate another user or person, or use the username of another user

      • Sell or otherwise transfer your profile

      • Use any information obtained from the Site in order to harass, abuse, or harm another person

      • Use the Site or our content as part of any effort to compete with us or to create a revenue-generating endeavour or commercial enterprise

      • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site

      • Attempt to access any portions of the Site that you are restricted from accessing

      • Harass, annoy, intimidate, or threaten any of our employees, agents, or other users

      • Delete the copyright or other proprietary rights notice from any of the content

      • Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code

      • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information collection or transmission mechanism

      • Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools

      • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site

      • Use the Site in a manner inconsistent with any applicable laws or regulations

      • Threaten users with negative feedback or offering services solely to give positive feedback to users

      • Misrepresent experience, skills, or information about a User

      • Advertise products or services not intended by us

      • Falsely imply a relationship with us or another company with whom you do not have a relationship

3. Information you provide to us

   1. You represent and warrant that:

      1. all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party;

      2. you will maintain the accuracy of such information and promptly update such information as necessary;

      3. you will keep your password confidential and will be responsible for all use of your password and account;

      4. you have the legal capacity and you agree to comply with these Terms and Conditions; and

      5. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site.

      If you know or suspect that anyone other than you knows your user information (such as an identification code or user name) and/or password you must promptly notify us at customercare@discoverdirect.co.uk.

   2. If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a user name you select if we determine that such user name is inappropriate.

   3. As part of the functionality of the Site, you may link your account with online accounts you may have with third party service providers (each such account, a Third Party Account) by either:

      1. providing your Third Party Account login information through the Site; or

      2. allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.

      You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers.

   4. By granting us access to any Third Party Accounts, you understand that

      1. we may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists; and

      2. we may submit and receive additional information to your Third Party Account to the extent you are notified when you link your account with the Third Party Account.

      Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your account on the Site. Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, then Social Network Content may no longer be available on and through the Site.

      You will have the ability to disable the connection between your account on the Site and your Third Party Accounts at any time. Please note that your relationship with the third party service providers associated with your third party accounts is governed solely by your agreement(s) with such third party service providers. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and we are not responsible for any Social Network Content.

      You acknowledge and agree that we may access your email address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. At your email request to customercare@discoverdirect.co.uk or through your account settings (if applicable), we will deactivate the connection between the Site and your Third Party Account and attempt to delete any information stored on our servers that was obtained through such Third Party Account, except the username and profile picture that became associated with your account.

4. Our content

   1. Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (Our Content) are owned or licensed to us, and are protected by copyright and trade mark laws.

   2. Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

   3. Provided that you are eligible to use the Site, you are granted a limited licence to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.

   4. You shall not

      1. try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; and/or

      2. make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded.

   5. We shall

      1. prepare the Site and Our Content with reasonable skill and care; and

      2. use industry standard virus detection software to try to block the uploading of content to the Site that contains viruses.

   6. The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site.

   7. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Site is accurate, complete or up to date.

5. Site Management

   1. We reserve the right at our sole discretion, to

      1. monitor the Site for breaches of these Terms and Conditions;

      2. take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions;

      3. remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and

      4. otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.

   2. We do not guarantee that the Site will be secure or free from bugs or viruses.

   3. You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.

6. Modifications to and availability of the Site

   1. We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.

   2. We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.

   3. There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.

7. Disclaimer/Limitation of Liability

   1. The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.

   2. We make no warranties or representations about the accuracy or completeness of the Site’s content and are not liable for any

      1. errors or omissions in content:

      2. any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server;

      3. any interruption or cessation of transmission to or from the site or services; and/or

      4. any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.

   3. Our responsibility for loss or damage suffered by you:

      Whether you are a consumer or a business user:

      • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

      • If we fail to comply with these Terms and Conditions, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions, but we would not be responsible for any loss or damage that were not foreseeable at the time you started using the Site/Services.

      • Notwithstanding anything to the contrary contained in the Disclaimer/Limitation of Liability section, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to a total aggregate amount equal to the greater of

        1. the sum of £2000 or

        2. month period prior to any cause of action arising.

        Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our following Terms and Conditions of Supply.

   4. If you are a business user:

      We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

      • Use of, or inability to use, our Site/Services; or

      • In particular, we will not be liable for:

      • Loss of profits, sales, business, or revenue;

      • Business interruption;

      • Loss of anticipated savings;

      • Loss of business opportunity, goodwill or reputation; or

      • Any indirect or consequential loss or damage.

      If you are a consumer user:

      • Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

      • If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.

      • You have legal rights in relation to goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights.

8. Term and Termination

   1. These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at customercare@discoverdirect.co.uk.

   2. Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.

      If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.

   3. If we terminate or suspend your account for any reason set out in this Section 9, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

9. General

   1. Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

      You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

   2. These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us.

   3. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

   4. We may assign any or all of our rights and obligations to others at any time.

   5. We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.

   6. If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

   7. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services.

   8. For consumers only - Please note that these Terms and Conditions, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction expect that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. If you have any complaint or wish to raise a dispute under these Terms and Conditions or otherwise in relation to the Site please follow this link http://ec.europa.eu/odr

   9. For business only- If you are a business user, these Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English Law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

   10. A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.

10. Agreement to Terms and Conditions of Supply

    Your Order

    1. We will provide you with a price for your order. Your order will be accepted once you have made payment. Payments can be made online or over the telephone in the forms described on our website.

    2. The price of the product (which includes VAT) will be the price set out in your order. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product (including delivery costs) in full before the change in the rate of VAT takes effect.

    3. Products are subject to stock availability. We try to maintain accurate stock counts on our website, but from time-to-time, there may be a stock discrepancy, and we will not be able to fulfil all your items at the time of purchase. In this instance, we will fulfil the available products to you, and contact you about whether you would prefer to await restocking of the back-ordered item or if you would prefer for us to process a refund.

    4. We reserve the right to refuse to sell products to you, either in whole or in part, for whatever reason. We will inform you of the reasons for this, will not charge you for the product and will refund any monies paid in connection with that order. We also reserve the right to change the terms of any offer or promotion at any time without notice.

    5. We will assign an order number to your order, please tell us the order number whenever you contact us about your order.

11. Our Products

    1. The images of the products in our catalogues and brochures or on our websites are for illustrative purposes only. Although we have made every effort to display the products accurately, we cannot guarantee that the images on our websites accurately reflect the products. Your product may vary slightly from these images.

    2. Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct and we are unable to accept any liability (financial or otherwise), responsibility, or inconvenience caused by incorrect measurements.

    3. Important: Please examine material carefully for colour, quality, and meterage. No claims will be allowed after material has been cut.

    4. We will happily order any fabric that you do not see on our website. With one of the largest inventories in the country, it is likely that we already have your fabric in-stock. Please contact us directly.

    5. On most fabrics, the minimum order is one quarter metre or fat quarter.

    6. Please be aware that every monitor displays colours differently. Samples can be ordered for clarity.

    7. https://www.discoverdirect.co.uk/ does not guarantee dye lot.

    8. https://www.discoverdirect.co.uk/ reserves the right to refuse orders submitted with incomplete information.

    9. All pricing on https://www.discoverdirect.co.uk/ is valid only on orders placed through the website.

    10. Despite our best efforts, we are not responsible for typographical errors. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account for the amount of the charge.

    11. If you have any questions or complaints about the product, please contact us. You can telephone us on 0208 574 2439, email or write to us at customercare@discoverdirect.co.uk, or by post to Discover Direct Limited, 18 Cranborne Avenue, Norwood Green, Southall, Middlesex, UB2 4HY, United Kingdom.

12. Your right to make changes

    1. If you wish to make a change to the product that 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 for delivery 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 with the change.

13. Our rights to make changes

    1. We may change the product:

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

       • To implement minor technical adjustments and improvements.

       These changes will not affect your use of the product.

14. Delivering the Products

    1. The costs of delivery will be advised to you during the order process if appropriate.

    2. During the order process we will let you know when we expect to deliver the products to you. We will deliver the products, using Royal Mail or a third-party courier, depending on quantity.

    3. Where applicable, upon dispatch, customers will receive a tracking link from which they will be able to follow the progress of their shipment based on the latest updates made available by the shipping provider.

    4. Whilst we will arrange for delivery to the best of our abilities, we are not responsible for delays outside our control. We are not liable for any costs or inconvenience incurred by you for delays outside of our control.

    5. If delivery time has exceeded the forecasted time, please contact us so that we can conduct an investigation.

    6. If you find a parcel is damaged in transit, if possible, please reject the parcel from the courier and get in touch with our customer service. If the parcel has been delivered without you being present, please contact customer service with the next steps.

    7. The product will be your responsibility from the time we deliver the product to the address you provide.

    8. We do offer collection of products from our premises. Please contact us to discuss the collection of your products at least 7 working days before they are required.

15. Limitation of Liability and Disclaimer

    1. The site is provided on an "as is" basis, and discoverdirect.co.uk makes no warranties, express or implied, regarding the site or the products sold on the site. Discoverdirect.co.uk hereby expressly disclaims all implied warranties, including, without limitation, the warranties of title, non-infringement and fitness for a particular purpose, with regard to the site and the products offered for sale on the site. Under no circumstances shall we be liable for any direct, indirect, incidental, special, or consequential damages for loss of profits, good will, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from

       1. the use of or inability to use the site;

       2. the cost of procurement of substitute goods and services resulting from your use of the site;

       3. unauthorized access to or alteration of your transmissions or data;

       4. any other matter relating to the site. You hereby acknowledge that this paragraph shall apply to all content and merchandise available through the site.

    2. You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, your connection to the site, your violation of the Terms of Use, or your violation of any rights of another.

16. Our Rights

    1. We may terminate your access, or suspend your access to all or part of our website https://www.discoverdirect.co.uk/, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user or us.

17. Legal Rights

    1. Nothing in these terms will affect your statutory rights.

    2. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website adviceguide.org.uk or call 03454 04 05 06.

18. Other Important Terms

    1. These Terms and Conditions supersede all previous versions and are subject to change without notice. E&OE.

    2. In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at customercare@discoverdirect.co.uk or by post to:

       Discover Direct Limited,
       18 Cranborne Avenue,
       Norwood Green, Southall, Middlesex, UB2 4HY,
       United Kingdom