Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. All orders Wholesale which include white-Labels or trade accounts are subject to these T and C’s and purchasing from Devout Lab a Trading name of Direct Capital Ltd company number 11373785 shall be referred to as DCL in this document.

Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under British and other copyright laws, and is the property DCL. The collective work includes works that are licensed to DCL Copyright 2023, DCL ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Devout Lab or purchasing Devout Lab products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Devout Labor to purchase Devout Lab  products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Devout Lab. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks
All trademarks, service marks and trade names of Devout Lab used in the site are trademarks or registered trademarks of DCL.

Warranty Disclaimer
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Devout Lab disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Devout Lab  does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Devout Lab does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability
Devout Lab shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Devout Lab has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors
In the event that a Devout Lab  product is mistakenly listed at an incorrect price, Devout Lab  reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Devout Lab reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Devout Lab shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Devout Lab without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice
Devout Lab may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Devout Lab.

Miscellaneous
Your use of this site shall be governed in all respects by the laws of the United Kingdom, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Devout Lab products) shall be in the courts located in the United Kingdom. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Devout Lab products) must be commenced within one (1) year after the claim or cause of action arises. Devout Lab failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Devout Lab may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Devout Lab or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer
Devout Lab  does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Devout Lab is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Devout Lab  reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Devout Lab in its sole discretion.

Indemnification
You agree to indemnify, defend, and hold harmless Devout Lab, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links
In an attempt to provide increased value to our visitors, Devout Lab may link to sites operated by third parties. However, even if the third party is affiliated with Devout Lab, Devout Lab has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Devout Lab. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Devout Lab seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Online Discounts and Specialist Price Lists
Devout Lab reserve the right to decline any customer of an online discount. Online discounts can not be doubled-up or used in conjunction with any other pricing exceptions, including different pricing groups for trade customers. Any deal that is offered online is subject to expiry and the current stock, no product can be backordered at an offer price.

 

TERMS OF BUSINESS AND SALE OF PRODUCTS

 1. INTERPRETATION

1.1  IN THESE CONDITIONS:

 

1.2  Buyer” means the person who accepts a quotation of the Seller for the sale of the Goods or whose order for the Goods is accepted by the Seller,”Goods” means the goods (including any installment of the goods or any parts for them) which the Seller is to supply in accordance with these Conditions;”Seller” means Devout Lab; “Conditions” means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and the Seller; “Conditions” means the contract for the purchase sale and of the Goods; “Writing” includes telex, cable, facsimile transmission and comparable means of communication.

 

1.3   Any reference in these Conditions to any provision of a statute shall be construed as a reference so that provision as amended, re-enacted or extended at the relevant time.

 

1.4  The heading in these Conditions are for convenience only and shall not affect their interpretation.

 

1.5   BASIS OF THE SALE

 

1.6  The Seller shall and the Buyer shall purchase the Goods subject to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions.

 

1.7   No variation to these Conditions shall be binding unless agreed in Writing between the authorised representatives of the Buyer and the Seller.

 

1.8   The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in Writing. In entering into the Contract the Buyer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.

 

1.9   Any advice or recommendation given by the Seller or its employees or agents to the buyer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in Writing by the Seller or stated herein is followed or acted upon entirely at the Buyer’s own risk and accordingly the Seller shall not be liable for any advice or recommendation which is not so confirmed.

 

1.10         Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.

 

1.11         ORDERS AND SPECIFICATIONS

 

1.12         Goods will only be manufactured for trade account customers who want custom orders.

 

1.13         Wholesale accounts will be opened for customers who want to use our dropship service and / or want to buy our white-label stock products.

 

1.14         If the goods are to be manufactured or any process is to be applied to the Goods by the Seller in accordance with a specification submitted by the Buyer, the Buyer shall indemnify the Seller against all loss, damages, costs and expenses awarded against or incurred by the Seller in connection with or paid or agreed to be paid by the Seller in settlement of any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from the Seller’s use of the Buyer’s specifications.

 

1.15          The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory requirements or, where the Goods are to be supplied to the Seller’s specification, which do not materially affect their quality or performance.

 

1.16         RICE OF THE GOODS

 

1.17         The price of Goods shall be the Seller’s quoted price.

 

1.18         Expect as otherwise stated under the terms of any quotation, and unless otherwise agreed in Writing between the Buyer and the Seller, all prices are given by the Seller on an ex works basis, and where the Seller agrees to deliver the Goods otherwise than at the Seller’s premises, the Buyer shall be liable to pay the Seller’s charges for transport, packaging and insurance.

 

1.19         Unless otherwise specifically stated, all prices quoted are exclusive of any applicable value added tax, which the Buyer shall be additionally liable to pay the Seller.

 

1.20          Where applicable the cost of pallets and returnable containers will be charged to the Buyer in addition to the price of the Goods, but full credit will be given to the Buyer provided they are returned undamaged to the Seller before the due payment date.

 

1.21         TERMS OF PAYMENT

 

1.22         Subject to any special terms agreed, in Writing, between the Buyer and the Seller, All wholesale account holders will pay for the price of the Goods in cash at the time of sale. Using our online payment process.

 

1.23          In event the Buyer opens a trade credit account with the Seller the following conditions apply:

 

1.24          A trade account will only be opened after satisfactory references have been taken up by the Seller;

 

1.25          acceptance of orders by the Buyer is subject to credit approval by the Seller;

 

1.26         Trade accounts must pay 50% of the invoice price on acceptance of the order, payment will be confirmation of acceptance of the quote (unless otherwise agreed in Writing by the Seller) the balance will be paid on completion of the manufacture of the goods before despatch.

 

1.27          the Seller reserves the right to charge interest on all overdue accounts at the rate of 8% per annum above National Westminster Bank PLc base lending rate;

 

1.28         at any time before the delivery of Goods the Seller reserves the right to notify the Buyer that outstanding payment is required prior to delivery and Seller shall be entitled to withhold delivery until payment is made;

 

1.29          if the Buyer does or suffers to be done anything which might prejudice his ability to pay the full price for Goods the Seller, in addition to all other rights it may have, reserves the right to treat the contract for Goods unpaid as repudiated by the Buyer. The seller will be entitled to deal with the goods as it deems appropriate and no payment of 50% of the invoice will be made as that will be forfeited.

 

1.30          SALE/DELIVERY/RETURN OF GOODS

 

1.31          Delivery of the Goods shall be made by the Seller in accordance with the Seller’s written quotation.

 

1.32         Subject to Clauses

 

1.33         , Goods may only be returned by the Buyer at the discretion of the Seller’s Managing Director if adequate proof and date of purchase is given and the Goods are in the original wrapped packaging (where applicable) and undamaged.The Seller reserves the right in the event that the Goods are accepted back by the Seller to charge a reasonable amount in respect of a restocking and administration charge.

 

1.34         RISK AND PROPERTY

 

1.35          Risk of damage to or loss of the Goods shall pass to the Buyer at the time that the Buyer takes delivery of the Goods.

 

1.36          Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due.

 

1.37          Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller’s fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller’s property. Until that time the Buyer shall be entitled to resell or use the Goods in the ordinary course of its business, but shall account to the Seller for the proceeds of sale or otherwise of the Goods, whether tangible of intangible, including insurance proceeds and shall keep all such proceeds separate from any moneys or property of the Buyer and third parties and, in the case of tangible proceeds, properly stored, protected and insured.

 

1.38          Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold) the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.

 

1.39          The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so all moneys owing by the Buyer to the Seller shall (without prejudice to any other right or remedy to the Seller) forthwith becomes due and payable.

 

1.40          WARRANTIES

 

1.41         Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute to common law are excluded to the fullest extent permitted by law.

 

1.42         Where the Goods are sold to the Buyer under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976);

 

1.43         the Buyer’s statutory rights are not affected by the Conditions; and any provision of these Conditions which would be void as against a person dealing as a consumer shall not apply to the extent that it would be so void.

 

1.44         Any claim by the Buyer which is based on any defect in the quality or conditions of the Goods or their failure to correspond with specification shall be notified to the Seller within 7 days from the date of sale or (whether the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and Seller have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.

 

1.45         Where any valid claim in respect of the Goods which is based on any defect in the quality or conditions of the Goods or their failure to meet specification is notified to the Seller in accordance with these Conditions, the Seller shall be entitled to replace the Goods ( of the part in question) free of charge or, at the Sellers sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), but the Seller shall have no further liability to the Buyer.

 

1.46          Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, except as expressly provided in these Conditions.

 

1.47         TITLE RETENTION CLAUSE

 

1.48          The title in the goods shall not pass until the Buyer has paid Devout Lab the whole price thereof:

 

1.49         If, notwithstanding that the property in the goods has not passed, the Buyer shall sell the goods in such manner as to pass a third party a valid title to the goods, the Buyer shall hold the proceeds of such sale on trust for Devout Lab. Nothing herein shall constitute the Buyer the agent of Devout Lab. For the purpose of any such sub-sale.

 

1.50         The Buyer irrevocably authorises Devout Lab. Its servants, agents or otherwise, prior to the payment of the whole price of the goods, to enter the premises where the said goods are and remove them in the event of:

 

1.51          Any distress it execution being levied upon of the assets of the Buyer and/or the commencement of legal proceedings against the Buyer for the purposes of insolvency/bankruptcy and/or  A receiver being appointed over the whole or any part of the buyers undertaking and/or The calling of any creditors meeting of the Buyer. The Buyer shall keep the said goods separate and identifiable for this purpose.

 

1.52          Notwithstanding that property in the goods shall not pass to the Buyer, save as provided above, the goods shall be at the risk of the Buyer from the time of collection by or delivering to him of the goods. Notwithstanding the preceding provisions of this clause, Devout Lab. May at its option and at any time by notice in writing to the Buyer transfer the property to him.

 

1.53          APPLICABLE LAW

 

 

1.54          The Contract shall in all respects be governed by and construed in accordance with England only