These terms and conditions ("Terms") apply to all orders placed through trydayguard.com (the "Website"). The Website is operated by Dayguard ("we", "us", "Dayguard"). Contact: support@trydayguard.com, +49 162 9572054.
1. Scope
1.1 These Terms apply to every contract for the sale of goods concluded between us and you as a customer through the Website. Any terms of the customer that differ from these Terms do not apply unless we have expressly agreed to them in writing.
1.2 A "consumer" is any individual who places an order for purposes that are wholly or mainly outside their trade, business, craft or profession. A "trader" is any person acting for purposes relating to their trade, business, craft or profession.
2. Conclusion of the Contract
2.1 The product descriptions on the Website are not binding offers but an invitation to place an order.
2.2 By completing the checkout and clicking the final order button, you make a binding offer to purchase the goods in your basket. You will receive an automatic email confirming receipt of your order. This confirmation is not yet an acceptance of your offer.
2.3 The contract is concluded when we accept your offer, either by sending a separate order or shipping confirmation or by dispatching the goods. We may accept your offer within five days.
2.4 The contract is concluded in English. You are responsible for providing a correct email address so that our emails can reach you.
3. Right to Cancel and 100-Day Guarantee
Consumers have a statutory right to cancel within 14 days. In addition, we offer a voluntary 100-Day Money-Back Guarantee. Full details, including the model cancellation form, are set out in our Refund Policy.
4. Prices and Payment
4.1 All prices are shown in pounds sterling (GBP) and include VAT where applicable. Delivery costs are shown separately at checkout.
4.2 You can pay with the payment methods offered at checkout (for example credit and debit card via Shopify Payments, Apple Pay, Google Pay or PayPal). Payment is due immediately when the order is placed.
4.3 If a product is shown at an obviously incorrect price due to a technical or typing error, we are not obliged to supply it at that price. We will contact you before dispatch and you may cancel the order free of charge.
5. Delivery
5.1 We deliver to UK addresses only, to the address given at checkout. Delivery times and costs are set out in our Shipping Policy.
5.2 For consumers, the risk of accidental loss of or damage to the goods passes to you when the goods are delivered to you or a person nominated by you.
5.3 We may make partial deliveries where this is reasonable for you. You will not pay any additional delivery costs for this.
6. Product Use
6.1 Please read and follow the instructions for use supplied with TinniQuiet before using it. Individual results vary.
6.2 The information on the Website is for general information only and does not replace advice from a doctor or other qualified healthcare professional. If you have a medical condition, a pacemaker or other implanted electronic device, epilepsy, are pregnant, or are unsure whether TinniQuiet is suitable for you, consult a doctor before use.
7. Your Statutory Rights (Liability for Defects)
7.1 For consumers, your statutory rights under the Consumer Rights Act 2015 apply. Goods must be as described, fit for purpose and of satisfactory quality. Nothing in these Terms affects these rights.
7.2 Please inspect the goods on delivery and tell us about any damage or defect as soon as possible (see our Refund Policy). Failing to do so does not affect your statutory rights.
8. Limitation of Liability
8.1 We are liable without limitation for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, and for any other liability that cannot be excluded or limited under English law.
8.2 Otherwise, we are not liable for losses that were not reasonably foreseeable when the contract was concluded, or for business losses where you are a consumer buying for private use.
9. Intellectual Property
All content on the Website, including texts, images, videos, logos and the names Dayguard and TinniQuiet, belongs to us or our licensors and may not be copied or used without our prior written consent.
10. Personal Data
We process your personal data in accordance with our Privacy Policy.
11. Governing Law and Jurisdiction
11.1 These Terms and any contract between us are governed by the laws of England and Wales. If you are a consumer, you will also benefit from any mandatory provisions of the law of the country in which you live.
11.2 If you are a consumer, you may bring proceedings in the courts of England and Wales, or, if you live in Scotland or Northern Ireland, in the courts of Scotland or Northern Ireland.
12. Alternative Dispute Resolution
We are neither obliged nor willing to participate in dispute resolution proceedings before an alternative dispute resolution body. If you have a complaint, please contact us at support@trydayguard.com and we will do our best to resolve it.
13. Changes to These Terms
We may update these Terms from time to time. The version in force at the time you place your order applies to that order.
14. Contact
Dayguard
Email: support@trydayguard.com
Phone: +49 162 9572054