Terms & Conditions of Services and Webstore
1.WHO WE ARE
1.1You are contracting with DarkFrame Limited, a company registered in England with Company Registration Number 06760374.The Registered Office is 11 Drift Road, Clanfield, Hampshire PO8 0JJ. References to DarkFrame, “the company”, “we”, “our” and “us” throughout the Terms and Conditions refer to this Company.
2.PROVIDING SERVICES (Astronomy Mount rebuild & tuning)
2.1 These Terms and Conditions will be binding between the Company and you, the customer, upon booking your mount in for work with us. Where you, the customer, are a consumer, these Terms and Conditions do not affect your statutory rights.
2.2 We need certain information from you which is necessary for us to provide services. Examples include the make, model and age of your mount. We will not be liable for any delay or non-performance where you have not provided this information or it is inaccurate.
2.3 It is the customer’s responsibility and declaration to ensure the mount is in correct working order without underlying faults in order to perfect a satisfactory performance upgrade. We make no representations or warranties that the services and products we supply will not cause damage to your mount, owing to, but not limited to, an underlying fault or poor servicing. Prior to carrying out any servicing, repair or tuning to a mount, we will carry out a basic inspection. We do not make any representations or warranties that this inspection will identify all underlying defects of your mount which may cause your mount to fail after repair, servicing or tuning has been carried out.In circumstances where the condition of your mount is such that we advise you, that the carrying out of our services may cause damage to your mount over time, and you chose to proceed with our services, you do so at your own risk.It is the customers responsibility to declare any faults that may impact any servicing, repair or tuning.If we discover a fault partway through a build that may impact on its completion then extra charges may apply including parts and labour at our standard rate of £50+vat per hour. Older mounts or mounts that are poorly maintained are examples of where we may advise you not to proceed.We accept no liability for any damage caused, directly or indirectly, to your mount, or any financial loss or expenses incurred by or imposed on or in connection with your use of our services.
2.4 We make no representations or warranties that our services will not expose or exacerbate a previously unknown fault or weakness with your mount, which may ultimately lead to a mount failure.
2.5 We make no representations or warranties that the use of our services will not invalidate any manufacturer or third party warranty you may currently have in place.
2.6 Mount validation and testing does not guarantee performance, due to variable repeatable results by the owner, this refers to balance, polar alignment, voltage current, payload changes, atmospherics and seeing conditions.
2.7 It is the customers responsibility to supply any data, images and written evidence of the mounts claimed non-performance.
3. IF THERE IS A PROBLEM WITH THE SERVICES
3.1 In the unlikely event that there is any defect with the services we provide or products we have supplied:
(a) contact us and tell us as soon as reasonably possible together with any data and written evidence of the suspected failure;
(b) give us a reasonable opportunity to repair or fix any defect; and
(c) we will use every effort to repair or fix the defect as soon as reasonably practicable.
3.2 You will not have to pay for us to repair or fix a defect with the services or products under this clause.
3.3 We will not accept liability for any work carried out by a third party in circumstances where you have not afforded us the opportunity to rectify any defect in accordance with clause 3.1.
3.4 As a consumer, you have legal rights in relation to services not carried out with reasonable skill and care, or if the materials we use 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.
3.5 Where we have recalled a mount back and it is discovered that the mount has been dissembled to check our work which has led to a fault, this will not be covered under Warranty. Therefore, we reserve the right to charge back to the customer shipping costs and any workshop time related to this investigation at £50+vat per hour.
4.OUR LIABILITY TO YOU
4.1 If we fail to comply with these Terms and Conditions, we are only responsible for loss or damage to a mount that is a foreseeable result of our breach of the Terms and Conditions or as a result of our negligence. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this contract. Loss or damage arising out of the circumstances in clause 2.4 is not a foreseeable event for the purposes of this clause.
5.YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
5.1 Before we begin to provide the services, you have the following rights to cancel, including where you choose to cancel because we are affected by an event outside our control, or if we change these Terms and Conditions under clause 10.2, to your material disadvantage:
(a) You may cancel any booking for services at any time before the booking by contacting us. We will confirm your cancellation to you.
(b) If you cancel a booking under clause 5.1(a) and you have made any payments in advance for services that have not been provided to you, we will refund these amounts to you.
(c) However, if you cancel a booking for services under clause 5.1(a) and we have already started work on your mount by that time, you will pay us any costs we have reasonably incurred in starting to fulfil your booking, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact us.
6.OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
6.1I f we have to cancel a booking for services before the services start:
(a) We may have to cancel a booking before the start date for the services, due to an event outside our control or the unavailability of key personnel or key materials without which we cannot provide the services. We will promptly contact you if this happens.
(b) If we have to cancel a booking under clause 6.1(a) and you have made any payment in advance for services that have not been provided to you, we will refund these amounts to you.
(c) Where we have already started work on your mount by the time we have to cancel under clause 6.1(a), we will not charge you anything and you will not have to make any payment to us.
6.2 Where you have afforded us the opportunity to rectify any defect in accordance with clause 3.1, and we have not done so we will only be liable for a full refund which includes the cost (betterment) of the work carried out. We will also refund you any carriage costs, bar our own.
6.3 We will not be liable for any work carried out by a third party unless you have obtained our written permission first and obtained three quotations in advance of the work being carried out.
7.1 We provide a two (2) year back to base Warranty on the work carried out. There may be a call out charge applicable if carried out by our mobile services, or an hourly rate of £50+VAT plus travelling time.
8. INFORMATION ABOUT US AND HOW TO CONTACT US
8.1 If you have any questions or if you have any complaints, please contact us immediately. You can contact us by telephoning us on 023 9257 0283 or by e-mailing us at firstname.lastname@example.org
8.2 If you wish to contact us in writing, or if any clause in these Terms and Conditions requires you to give us notice in writing, you can send this to us by e-mail, post or by hand to DarkFrame Ltd at 11 Drift Road, Clanfield, Hampshire PO80JJ or email@example.com. We will confirm receipt of this by contacting you in writing. If we have to contact you or give you notice in writing, we will do so by e-mail, by telephone or by post to the address you provide to us in the booking.
9. HOW WE MAY USE YOUR PERSONAL INFORMATION
9.1 We will only use the personal information you provide to us to:
(a) provide the Services;
(b) process your payment for such services; and
(c) inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
10.OTHER IMPORTANT TERMS
10.1 We may transfer our rights and obligations under these Terms and Conditions to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms and Conditions.
10.2 We may amend these Terms and Conditions periodically.
10.3 The Company shall have a general lien on all of your mount(s) for all monies owing to the Company by you whatsoever.
10.4 We shall be entitled to reasonable storage charges if you do not pick your mount up within 30 days our notification to you of completion at a cost of £10 per day.
10.5 We are not responsible for loss or damage to mounts or other property whatsoever or however occasioned, except when such loss or damage is caused by the sole negligence or deliberate act of the Company or its employees or agents.Under no circumstances will the Company accept liability for loss or damage outside its control for any indirect loss, consequential loss, loss of profits, loss of business, loss of use or any special loss.
10.6 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
10.7 Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
10.8 If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
10.9 These Terms and Conditions are governed by English law.
Online WebStore T&C's
By purchasing goods or services from www.darkframeoptics.com or using this website, you agree to accept the following terms & conditions of sale:
Our web site is regularly updated. However, we cannot guarantee availability because often customers order simultaneously. Orders placed outside our office hours (10.00am - 4.00pm Mon-Fri UK time) may be subject to change. We will contact you as soon as possible if this is the case. If you place an especially high-value order, we reserve the right to contact you for further confirmation of your order details, prior to authorisation.
Standard Items that are ordered not in stock or are Special Order, normal payment terms apply.
All prices include VAT at the current rate. We accept all major credit and debit cards and other methods of payment such as:
Wire transfer (overseas orders)
All credit and debit card transactions on this website are processed using secure online payment systems provided by PayPal. We also accept payment by bank transfer or cheque. Please enquire and we will invoice you. Cheques require a minimum of 5 working days clearance time before goods are dispatched. Cash, Bankers Draft and Building Society cheques are also acceptable. We do not accept cash payment by mail however we can accept cash at our premises. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not authorise payment to us, we cannot be held liable for any delay in delivery, or non-delivery.
Items that are in stock are normally dispatched same day for delivery in 3-5 working days from us having received your order/payment. Delivery charges are stated on our website – depending on the value of the order, if delivered within the UK mainland. Saturday delivery is available on request at an additional charge and can be ordered on our website. If ordering from Northern Ireland, Republic of Ireland, the Scottish Highlands and Islands or from outside of the UK there might be an additional charge for delivery. The amount is determined by our shipping system on the checkout page, or you can contact us for a quote. Customers ordering from the USA or other non-EU trade zone location will not be charged sales tax.
If your order is sent by Courier they will attempt delivery twice. If after five days you have not contacted them to arrange delivery after the first two attempts the goods will be returned to us. You will receive a confirmation email on ordering with an invoice, then another email confirming shipment. These emails are automatic and we cannot be held responsible if your email filtering system rejects them.
Returns and Cancellation
We want you to be completely satisfied with your purchases so if for any reason you are not happy please return it within 7 days of receipt. We will exchange, replace or refund the cost of the goods, subject to the following conditions:
You must take reasonable care of the goods while they are in your possession.
Goods must be returned with all accessories, instructions, etc and must be suitably packed in their own oringinal boxes, within 7 days or their receipt.
Where you have changed your mind, or have decided to cancel your order, you are liable for the cost of returning the goods in the same condition they arrived in.
Software can only be accepted if the packaging is still sealed.
A proof of purchase must be supplied.
Goods bought through a third party must be returned to that third party for repair unless by special arrangement.
You must return any free gifts or bundled items that came with the product order.
We will not refund the shipping cost or the actual cost of any items that have been made to specification, or personalised.
We will not refund the cost of Saturday delivery services if the courier is unable to contact you or gain access to your property, or you are not available, or you have provided the incorrect address details.
We will not refund the cost of "lost" goods, nor the cost of their delivery if you provided the incorrect address when ordering.
Please do not return goods without first contacting us as we may not be able to accept them if we aren't aware of them. Wherever possible, we will respond to your individual circumstances. If a fault occurs after 30 days but within the manufacturer's warranty period, we will normally offer you a prompt repair, exchange or refund at our discretion. To arrange for return of your goods please contact us at the email address we invoiced you from.
Goods to be returned should be sent to our shipping address that will be supplied to you by us, once we have decided on what course of action to take regarding your return request.
This does not affect your statutory rights.
Our Postal and Operating Address is
11 Drift Road
DarkFrame Ltd will only disclose information to third-parties for goods delivery purposes. We do not sell, rent or loan customer email addresses or contact details to any other party. We may send occasional notices relating to our products or services. If you do not wish to receive these notices or would like to advise us of a change of email address please contact us. If you have difficulty changing your account information, please contact us.
DarkFrame Limited (est. 2008), Co. Reg. 06760374 VAT Reg. No. GB 2009 9868 55
11 Drift Road, Clanfield, Hampshire, UK PO80JJ
Cookies are small pieces of text that your web browser stores on your computer when you visit some sites. DarkFrame Ltd uses some cookies that make it easier for you to use our site. For example, we may use a Cookie to retrieve your shopping cart contents on a return visit. The Cookie contains no personal information about you, it is merely a text file and the Cookie we might add is nothing more.
Errors and Omissions
We make every effort to ensure that the information on our site is accurate and up to date. We will promptly correct any errors brought to our attention. If you find an error, please contact us using the form on the contact page.
We cannot accept responsibility for information, images, or opinions from third-parties contained within this website, or for the content of pages linked to from this website.
Specifications are obtained from the manufacturers and cannot be guaranteed accurate. Product descriptions are for guidance only. Errors and Omissions excepted.
We reserve the right to withdraw any item from sale, at any point prior to dispatch, for any reason whatsoever. You will be promptly informed if such a situation arises.
Is our Store Secure?
All data submitted through our store is encrypted and is completely secure. Our Checkout is SSL enabled, well, as soon as you click 'checkout'! We are certified as PCI DSS Compliant for our website and all data is encrypted during transfer via our website (including any event wireless transactions) As all payments are processed securely by third-party processors, such as PayPal no billing details are ever stored or forwarded. You can be assured of your complete transaction security at all times.
DarkFrame Limited (est. 2008), Co. Reg. 06760374 VAT Reg. No. GB 2009 9868 55
11 Drift Road, Clanfield, Hampshire, UK PO80JJ