Terms - Sale and Website
This page gives you information about us and the legal terms and conditions on which we sell any of the products listed on our website to you.
These legal terms and conditions will apply to any contract between us for the sale of our products to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any products from our site.
It’s really important to note that by ordering any of our products, you agree to be bound by these terms and conditions. You’ll be asked to confirm your acceptance of these terms and conditions before being able to place an orderand if you refuse, you won’t be able to order any products from our website. You should print a copy of these terms, or save them to your computer, for future reference.
These terms and conditions may change from time to time so please check these before making any purchase.
In addition to these terms and conditions our privacy policy also applies to your use of the website and is, where relevant, incorporated by reference into these terms and conditions. We only use your personal information in accordance with the privacy policy – please take time to read this as it includes important information which applies to you. Please also refer to our website terms of use, 'FAQs' and Help pages https://wearedame.co/apps/help-centeron the website for further information.
A BIT ABOUT US
We own and operate the website https://wearedame.co/. We are Sanitary Owl Limited, trading as 'wearedame.co'. References to “DAME, "we", "us", or "our" are references to Sanitary Owl Limited. We are a company registered in England and Wales (company number 08509842) and our registered office is: DAME (Sanitary Owl Ltd), Evolution House, Delft Way, Norwich, NR6 6BB, UK or alternatively our EU address is DAME (Sanitary Owl Ltd), Suite 143, 3 Lombard Street East, Dublin, D02 HC78, IRE.
Our VAT number is: 208 677 093.
ACCOUNTS & SUBSCRIPTIONS
In order to purchase products from the website, you must be an individual and set up an account with us by completing the registration form in the checkout of the website. If you are less than 18 years old you will be bound by the terms of the contract between you and us.
When signing up you need to provide a current and valid email address and your delivery address. In order to activate a subscription, you will also need to provide your payment card details to Shopify Inc, who host our online store. We do not hold any payment card information. Please see Shopfiy’s website policies, including its privacy statement https://www.shopify.com/legal/privacy, for further information.
You warrant that all information you provide to us when registering an account is true and accurate. It is your responsibility to ensure the information in your account is updated regularly with any relevant changes.
We may refuse at our absolute discretion any application to join us or receive our services for any reason whatsoever.
You are responsible for all activities and purchases that occur under your account. You must notify us immediately if you know of, or suspect, that anyone has obtained access to your account or if you otherwise become aware of any unauthorised use of your account or other security breach.
You can find the specific details regarding your order or subscription with Sanitary Owl Ltd (including your next scheduled deliveries) by logging into your account and clicking on the relevant section of the website. Please note that you will need to be logged in to your account to access these links. You should take all necessary steps to ensure your account password is kept confidential and secure.
When you buy a subscription from us you’ll automatically be signed up to receive a regular delivery of tampons (every so many weeks depending on your selection). You can manage and make changes to your orders and subscription in your account section. Please see the ‘managing my orders’ section of our Help for more details. You’re able to review the parcel contents and frequency of orders in the 'My Account' page.
Your account with DAME is not transferable and therefore cannot be sold or traded.
OUR PRODUCTS
The images of the products on our site are for illustrative purposes only. The products you order and receive may vary slightly from those images, and the packaging of the Products may vary from that shown on images on our site.
All of the products shown on our site are subject to availability. We will inform you by email as soon as possible if the product you have ordered is not available and, if this is the case, we won’t process your order.
DAME® is a registered trade mark.
We hold patent pending, patent application numbers EP20190595.7 and PCT/EP2021/072319
Our product design rights are protected by the following registrations:
European Community Design Registration Number 004711075
Australia Registered Design Number 201814839
US Design Registration Number 29/651,469
Japanese Design Registration Number 2018-017889
Singapore Design Registration Number 30201805556Q
Canadian Design Registration Number 182970
Korean Design Registration Number 30-2018-0038027
OUR CONTRACT WITH YOU
Our order process allows you to check and amend any errors before submitting your order/subscription to us. Please take the time to read and check your order/subscription at each page of the order process.
Your submission of an order amounts to an offer to enter a contract to buy the products from us; you cannot then withdraw or cancel your order except as specifically stated in these terms and conditions.
No order is accepted from you until our website displays an order confirmation message. This message is displayed after you have completed your purchase and a receipt is sent to by email as confirmation of your order.
If we are unable to supply you with a product, for example because that product is not in stock or no longer available, or because of an error in the price on our site we will inform you of this by email and we will not process your order. If you have already paid for the products, we will refund you the full amount as soon as possible.
PAYMENTS
The price of our products is as quoted on the website and can change from time to time. Unless stated otherwise, prices stated exclude postage and packaging which is listed separately prior to you confirming your order.
We take payments by continuous payment authority. You will be charged the day your parcel is shipped.
We reserve the right to refuse deliveries to you and to cancel your account where payments have been withheld. You agree to compensate us in full for all reasonable costs and expenses (including legal costs) in obtaining payments that not been made in accordance with these terms and conditions.
DELIVERY
Please be aware of the additional postal charges that may apply to your order at checkout based on what you order, the quantity you order and your delivery address including country.
We typically use local postal services to deliver our products, and proof of delivery is not obtained. Once the product has been properly dispatched and us under the control of the local postal services, you agree you cannot hold us responsible for delays relating to delivery of products.
The time it may take to dispatch your products may vary, but as a typical example if you ordered by 12pm on a business day, we would aim to dispatch the order within 2 business days.
If you place an order for multiple products, please be aware that they will still be sent via your local post office and may be subject to delays. We therefore cannot guarantee delivery on a specific day and will not be held liable for delays outside of our control.
If you are a UK customer and your product does not fit through your letterbox and you are out when it is delivered, Royal Mail should leave a card at the address with information about collection or re-delivery. If you are an international customer, please confirm such arrangements with your local postal service.
If there will be a change to your delivery date due to an issue with product availability, or other issue prior to the product being dispatched, we will contact you and provide a revised estimated delivery date.
UNDELIVERED PRODUCTS
If you think a product hasn’t been delivered, please check with your local postal provider to see if they’re holding it. If you are a UK customer, this is likely to be your local Royal Mail delivery office (https://www.royalmail.com/delivery-and-collection-office-finder).
You must report all lost or undelivered boxes online within 7 days of the expected last day of delivery shown in your confirmation email.
To notify us of an undelivered product, please use this link: https://wearedame.co/pages/contact.
If you change address, you must update your address details in the relevant section of the website to ensure that products are not sent out to the wrong address. Please ensure this is done in time to take effect before you move as you will not be refunded or credited for any products posted to the wrong location. You can update your address details in your account section here https://wearedame.co/account.
We reserve the right to not accept orders from your, and to cancel your account, if it becomes apparent that, in our sole opinion, the postal service in your area is too unreliable.
If you are dissatisfied with any product you receive from us, please contact our customer services team on hello@wearedame.co.
FAULTY, DEFECTIVE OR DAMAGED PRODUCTS
If any of our products are inherently defective or damaged in transit, then subject to us agreeing that the relevant product is defective or has been damaged in transit to you, we will provide you with a replacement, or if the same product is unavailable, then a suitable alternative if possible or, at our discretion, a refund.
We will bear the delivery costs incurred by you in returning the defective or damaged product to us as long as you provide us with documentary evidence supporting those delivery costs prior to sending the product and provided we agree that the product is defective or damaged.
CHANGING YOUR MIND
For any of our products you’ve bought online, you have a legal right to change your mind within 30 days and receive a refund, unless our products were sealed for health protection or hygiene purposes, and you have unsealed them. Due to the nature of our products, we therefore cannot accept any returns where the product has been opened.
When you’re sending products back because you’ve changed your mind, you will be responsible for shipping costs and ensuring the products are returned to us undamaged.
We will process the refund due to you as soon as possible and, in any case:
- a) 30 days from the day you: i) return any products delivered to you; or ii) provide evidence that you have returned them; or
- b) if there were no goods supplied, 30 days from the day on which we are informed about your decision to cancel the contract.
EVENTS BEYOND OUR CONTROL
We will not be liable to you for any lack of or delay in performance, or the unavailability or failure, of this website or our services, or for any failure by us to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause reasonably beyond our control, including without limitation strikes, lock-outs or other industrial action by third parties, changes in legislation including import tariffs/duties and border controls, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war or threat or preparation for war, fire, explosion, storm, flood earthquake, subsidence, epidemic, or other natural disaster, or failure of telecommunications networks, or impossibility of the use of shipping, aircraft or other means of transport.
OUR LIABILITY TO YOU
We only supply our products for domestic or private use and in accordance with their accompanying instructions for proper use. You agree not to alter our products. You also agree not to use our products for any commercial, business or resale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Nothing in this clause or otherwise in these terms and conditions shall exclude or in any way limit our liability for: fraud or fraudulent misrepresentation; death or personal injury caused by our negligence; breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; under Part I of the Consumer Protection Act 1987; or any other liability to the extent the same may not be excluded or limited as a matter of law. We are not responsible for any loss or damage that is not foreseeable.
For further information about your statutory rights, contact your local authority Trading Standards Department or Citizen's Advice Bureau.
OUR RIGHTS TO END THE CONTRACT
We may end the contract if you break it or we believe you will or may be about to breach these terms and conditions. We may terminate or restrict your use of our service, for any reason and without notice.
FREE OR DISCOUNTED OFFERS, AND REFERRALS
From time to time there may be free or discounted offers available to new users at our sole discretion. Except where expressly stated, previous users or trialists of the website do not qualify for any additional special offer.
Except where otherwise stated: free or discounted offers are available only once to any one person; and discounts and credits cannot be used in conjunction with any other offers.
You must have internet access and valid payment details to redeem a free or discounted offer.
You will be charged the full price for parcels after your free or discounted offer. With reference to the subscription, we will continue to bill you by your chosen payment method for the DAME subscription until you cancel scheduled parcels.
We reserve the right to withdraw free or discounted offers at any time and at our sole discretion. If you have paid a discounted price but the product has not been dispatched to you, you will receive a refund.
Use of DAME referral codes is at our sole discretion. If we feel at any time that the DAME referral code system is being used to any detriment to us, we reserve the right to remove previously applied credit arising from use of that referral code from your DAME account without warning.
Referral codes are a limited offer and subject to change with no notice. You can refer as many friends as you like, but not by creating multiple accounts.
You have to have an active DAME account for the credit to be applied at the time of the referral code being used. The referred customer must be a new DAME customer and not an existing or returning DAME customer (DAME will determine in their sole discretion whether the customer is new).
APPLICABLE LAW
Your use of this website is governed by these terms and conditions and construed and enforced in accordance with the laws of England and Wales. Disputes arising from your use of this website and the services we provide are subject to the exclusive jurisdiction of the courts of England and Wales.
Please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform (https://ec.europa.eu/consumers/odr ).
ASSIGNMENT
You agree that we may assign any of our rights and/or transfer, sub-contract or delegate any of our obligations under these terms and conditions. These terms and conditions are personal to you and you may not assign any of your rights or transfer, sub-contract or delegate any of your obligations under these Terms and Conditions without our written agreement.
NO WAIVER
If we delay exercising or fail to exercise or enforce any right available to us under these terms and conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms and Conditions.
THIRD PARTY RIGHTS
Nothing in these terms and conditions confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.
CONTACTING US
Please submit any questions you have about these Terms and Conditions or an order you have placed or ordering in general by email to hello@wearedame.co or write to us at: DAME, Capital House, 42 Weston Street, London SE1 3QD.