Terms and Conditions
1. In General
Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service. Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
2. Privacy Policy
The Laughing Dustman is totally committed to protecting the privacy of our site visitors and customers. The Laughing Dustman team fully appreciate and respect the importance of privacy on the Internet. We will not disclose information about our customers to third parties except where it is part of providing a service to you - e.g. arranging for a product to be sent to you, carrying out credit and other security checks and for the purposes of customer research and profiling or where we have your express permission to do so. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.
3. Prohibitions
You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. The Laughing Dustman will report any such breach to the relevant law enforcement authorities and disclose your identity to them. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
4. Intellectual Property, Software and Content
The intellectual property rights in all software and content made available to you on or through this Website remains the property of The Laughing Dustman or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by The Laughing Dustman and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by The Laughing Dustman or its licensors and The Laughing Dustman.co.uk TM are trade marks belonging to The Laughing Dustman. No licence or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colourably similar without the written permission of The Laughing Dustman.
5. The Laughing Dustman - Submission of material
By submitting any material to us, you automatically grant The Laughing Dustman the royalty-free, perpetual, exclusive right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. By submitting any material to us, you hereby agree to The Laughing Dustman Rules does not condone any swearing, racism, offensive language or derogatory language which may cause offence. If you fail to abide by these Rules you may be sent an email which informs you why your message/suggestion has been refused or edited.
6. Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times are between 5-6 working days. These may vary according to availability and any guarantees or representations made as to delivery times are limited to mainland UK and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
(a) Payment
The Laughing Dustman retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm your order details. When placing an order you undertake that all details you provide to us are true and accurate; that you are an authorised user of your Payment Processing Company used to place your order and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to such changes.
(b) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order; this email will be an acknowledgement and acceptance of your order. A contract between us will be formed and only those goods listed in the confirmation e-mail sent at the time will be included in the contract formed.
(c) Pricing and Availability
All prices are inclusive of VAT. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
(d) Faulty Goods
Please check items carefully upon receipt, or as soon is reasonable possible, and report any problems to us via email. If your goods are faulty we will dispatch replacement goods free of charge as soon as we receive the faulty goods back. We will also reimburse your costs in sending those goods back to us.
Upon receipt of the returned items, the delivery charges of faulty goods will be credited to the client’s Payment Processing Company, and replacement goods dispatched. Please allow 14 days from receipt of returned goods for replacement goods to be re-shipped.
(e) Refunds or exchanges
Refunds or exchanges will be only be authorized for goods returned in their original condition and packaging. No refunds or exchanges will be given for goods that have been worn, damaged or soiled.
(f) Money back Guarantee
If you are not completely satisfied with the product, we offer a 'no quibble' money back guarantee within 30 days of purchase.
To qualify for a refund the product must be returned back to us, in its original condition, without being used. Once the product has been received by us in its original condition, credit will be reimbursed to the card that was charged. The cost of returning goods lies with the client, unless faulty, when those goods will be exchanged free of charge.
How to return an item
Please re-package your items in the original packaging. Please also enclose a note explaining what the problem is and what action you require from us.
Unless otherwise agreed, we recommend that you return items via a "recorded delivery" so that proof of dispatch and receipt can be obtained. We accept no responsibility for returned goods lost in transit.
Please send returns to: 8 Steele Walk, Erith, Kent, DA8 1YH
Customer Service
Customer Service is very important to us, so we aim to describe our product as accurately as possible, use only representative pictures and deliver it to you quickly.
If you have any issues with our product or service, please let us know, and we we will aim to resolve as quickly as possible
7. Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law The Laughing Dustman and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect The Laughing Dustman's liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
8. Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
9. Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with The Laughing Dustman and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to The Laughing Dustman.
10. Indemnity
You agree to indemnify, defend and hold harmless The Laughing Dustman, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
11. Variation
The Laughing Dustman shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
12. Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
13. Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
14. Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
15. Governing Law and Jurisdiction
These terms and conditions are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.
16 Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and The Laughing Dustman. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of The Laughing Dustman.