Terms & Conditions

In order to accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions these conditions are binding by both parties.

Application

  • These Terms and Conditions will apply to the purchase of the goods by you (for the purpose of these terms and condition we will refer as follows, the Customer or you herewith). We are Flying Trade Group PLC whose trading name is Diva by Harper a company registered in England and Wales under number 02407688 whose registered office is at Europa House, Europa Way, Parkston, Harwich, Essex, CO12 4PT with email address info@divabyharper.com; telephone number [01255 553652]; (for the purpose of these terms and conditions we will refer to the Supplier or us or we herewith).
  • These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked ‘I Accept’. If you do not click on the button, you will not be able to complete your Order. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are 18 years or older.

Interpretation

  • Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
  • Contract means the legally-binding agreement between you and us for the supply of the Goods;
  • Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;
  • Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
  • Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
  • Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
  • Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
  • Website means our website https://www.divabyharper.com/ on which the Goods are advertised.

Goods

  • The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
  • In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide are accurate.
  • All Goods which are displayed on the Website are subject to availability.
  • We can make changes to Goods which are necessary as and when required in order to comply with any applicable law or safety requirement. We will notify you of these changes.

Personal information and Registration

  • When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them safe and secure.
  • The supplier is not responsible for the security of your username and password.
  • The subscription fee for membership to use the Website shall be £15.00 per month for a minimum 1-year period.
  • We retain and use all information strictly under the Privacy Policy.
  • We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Basis of Sale

  • The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason within reason, where possible we will try to inform you of that reason within 7 day of being made aware.
  • The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
  • Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
  • Any quotation is valid for a maximum period of 7 days from its date, unless we expressly withdraw it at an earlier time.
  • No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
  • We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a business. Failure by you to inform us bears no liability on our behalf of the existing contract.

Price and Payment

  • The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
  • Prices and charges include VAT at the rate applicable at the time of the Order.
  • You must pay by submitting your credit or debit card details with your Order and we can take payment immediately, Goods will not be delivered until payment in full has been received.

Delivery

  • We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
    30. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract terminated if:

    • we have refused to deliver the Goods, or if delivery by a specific date is essential taking into account all the relevant circumstances at the time the Contract was made, or you informed us before the Contract was made that delivery by a specified date was essential; or
    • after we have failed to deliver by a specified date, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
  • If you treat the Contract as terminated, we will (in addition to other remedies) return all payments made under the Contract.
  • If you were entitled to treat the Contract as terminated, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will be liable for the costs incurred.
  • If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them, in other words the whole order should be cancelled.
  • We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, we are not liable for the duty or taxes of import or other taxes due in your country of residence.
  • You agree that we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
  • If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering those goods, and you would be liable for any additional charges or costs that are incurred by the delivery /postal service.
  • The Goods will become your responsibility from the completion of delivery or Customer collection. You must, where reasonably practicable, examine the Goods before accepting them.

Risk and Title

  • Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
  • You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect those goods, this applies to customers who have a credit account.

Withdrawal and cancellation

  • You can withdraw the Order by telling us before the Contract is made, if you change your mind and without giving us a reason, and without incurring any liability.
  • You can cancel the Contract except for any Goods which are made to your special requirements (the Returns Right) by telling us no later than 14 calendar days from the day you receive the Product, by email to info@divabyharper.com and following the shipping instructions we supply; provided, that all returned Products must be unused, unopened, in perfect condition, and in their original packaging. After we receive the returned goods, we will issue a refund for the price paid for the goods (less any applicable shipping and handling charges).
  • If you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return to any of our business premises the Goods in undamaged condition at your own expense. Upon receipt we will refund to you within a reasonable time period the price for those Goods which have been paid for in advance, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods. This Returns Right is different and separate from the Cancellation Rights below.
  • This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
    • foodstuffs, beverages or other goods intended for current consumption in the household and which are supplied on frequent and regular rounds to your residence or workplace;
    • goods that are made to your specifications or are clearly personalised;
    • goods which are liable to deteriorate or expire rapidly.
  • Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
    • in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.

Right to cancel

  • Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
  • The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (i.e. subscriptions), the right to cancel will be 14 days after the first delivery.
  • To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (e.g. a letter sent by post, fax or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
  • You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer’s decision to cancel the Contract on our website https://www.divabyharper.com If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (e.g. by email) as soon as the communication has been processed.
  • To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation in the cancellation period

  • Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
  • Cancellation of subscription; the customer has the right to cancel this subscription with three months prior written notice, this may be done by either writing a letter or by e mail or any other electronic forms of communication. A verbal cancellation will not be accepted.
  • The customer will be liable for the remainder of the subscription if they fail to inform us with the required notice period

Deduction for Goods supplied

  • We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (i.e. handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: e.g. it goes beyond the sort of handling that might be reasonably allowed in a shop). You are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.

Timing of reimbursement

  • If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
    • 14 days after the day we receive back from you any Goods supplied, or
    • (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
  • If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
  • We will make the reimbursement using the same means of payment as you used for the initial transaction.

Returning Goods

  • If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at Europa House, Europa Way, Parkstone, Harwich, Essex, CO12 4PT without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
  • For the purposes of these Cancellation Rights, these words have the following meanings:
    • distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
    • sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

Conformity and Guarantee

  • We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
  • Upon delivery, the Goods will:
    • be of satisfactory quality;
    • be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
    • conform to their description.
  • It is not a failure to conform if the failure has its origin in your materials.
  • We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer of the Goods. Details of the guarantee, including the name and address of the manufacturer, the duration and territorial scope of the guarantee, are set out in the manufacturer’s guarantee provided with the Goods. This guarantee will take effect at the time the Goods are delivered and will not reduce your legal rights.
  • We will provide the following after-sales service: Customer support via e-mail, telephone, writing and social media.

Successors and our sub-contractors

  • Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

Circumstances beyond the control of either party

  • In the event of any failure by a party because of something beyond its reasonable control:
    • the party will advise the other party as soon as reasonably practicable; and
    • the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below.

Privacy

  • Your privacy is critical to us. We respect your privacy and comply with the laws and General Data Protection Regulation with regard to your personal information. Applicable to the United Kingdom and the European Union.
  • These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy (https://www.divabyharper.com/privacy-cookie-policy).
  • For the purposes of these Terms and Conditions:
    • ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
    • ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.
    • ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
  • We are a Data Controller of the Personal Data we Process in providing Goods to you.
  • Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
    • before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
    • we will only Process Personal Data for the purposes identified;
    • we will respect your rights in relation to your Personal Data; and
    • we will implement technical and organisational measures to ensure your Personal Data is secure.
  • For any enquiries or complaints regarding data privacy, you can contact our Data Protection Officer at the following e-mail address: [it@suryafoods.com].

Excluding liability

  • The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
  • Both parties should take reasonable steps to ensure that all Money laundering laws are complied with, the supplier reserves the right to report or suspend the contract if we have sufficient evidence or have been alerted to money laundering activity by the purchaser.

Governing law, jurisdiction and complaints

  • The Contract (including any non-contractual matters) is governed by the law of England and Wales.
  • Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
  • We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us either by email at info@divabyharper.com or via our contact form on our Website to find a solution. We will aim to respond with an appropriate solution within 5 days.
  • We aim to follow these codes of conduct:
    • Site not for Minors
      The Sites are available to registered and unregistered users who are 13 years old and older and who have not been suspended or removed by our group of sites for any reason (each a “Member”). We reserve the right to revoke your ability to access the products and services offered on the Sites for any reason at any time including as a result of a violation of these Terms or the Privacy Policy, without notice. If a minor, they must obtain the consent of their parent or legal guardian to use the Sites and agree to these Terms. Use of the Sites is void where prohibited by law.
    • Fraud Protection:
      As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorised or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorised or illegal activity. If we suspect fraudulent, unauthorised or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorised or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorised or illegal activity.