Darius Development Limited 

Terms and Conditions

These are the Terms and Conditions of Sale for Darius Development Limited (“Darius”) to which the purchases of goods and services are subject.

1. Definitions

1.1. In these Conditions, the following definitions shall apply:

Business Day(s): a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business. 
Conditions: the terms and conditions set out in this document as amended from time to time in accordance with clause 14. 
Contract: the contract between Darius and the Customer for the sale and purchase of the Goods or Services in accordance with these Conditions. 
Customer, you, your: the person who purchases the Goods or Services from us. 
Event Outside Our Control: has the meaning given in clause 13. 
Goods: the goods (or any part of them) set out in the Order. 
Darius, we, us, our: means, as applicable, either Darius Development Limited (company number 05898535) of 99 Wey Hill, Haslemere, Surrey, GU27 1HT.
Order: the Customer's order for the Goods or Services submitted via the Website.
Services: the services (or any part of them) set out in the Order. 
Website: means www.saddlessspur.com. 

1.2. In these Conditions, the following rules apply:

1.2.1. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality). 
1.2.2. A reference to a party includes its personal representatives, successors or permitted assigns. 
1.2.3. Any phrase introduced by the terms including, include, or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms. 
1.2.4. A reference to writing or written includes e-mails.

2. The Contract

2.1. The Order you place via the Website constitutes an offer to purchase the Goods or Services in accordance with these Conditions. Please read and check your Order before placing it, as you are responsible for ensuring that the terms of the Order are correct. You may only purchase Goods or Services from us if you meet any legal age requirement necessary for purchase of the same.

2.2. Any email, order confirmation or other electronic acknowledgement by us of receipt of an Order does not constitute legal acceptance by us of your Order. The Order shall only be deemed accepted by us, and a Contract formed when:

(a) you have paid for the Goods or Services and monies have been received by us; and

(b) where applicable, the Goods have been dispatched and we have sent you a dispatch confirmation; or

(c) where applicable, the Service(s) have been carried out.

2.3. All Orders placed via the Website are subject to stock, store or garage availability and to the validation checks described in clause 5 below. In the unlikely event that you are either able to place an Order for an item that is not available from stock, or it is necessary for Darius to amend or cancel a booking for Services, we will contact you as soon as possible to discuss either amending or cancelling your Order. If your Order is cancelled by Darius, you will be refunded in full. 

2.4. During calendar year 2024 we shall not accept Orders originating from US & Canadian addresses.

2.5. We will retain details of your Order in our database and these details can be made available to you on request from our customer services team.

2.6 You will be notified on your Order Confirmation by Darius. 

2.7 Notwithstanding the intellectual property protections afforded by the patents granted for this product, the product is sold on the legal understanding that the customer will not disassemble emulate, exploit or reverse engineer the product or its’ parts.

 

3. Product Information

3.1. Goods and Services are as described on the Website. We reserve the right to amend the description at any time if required.

3.2. Images of the Goods on the Website are for illustrative purposes only. Representations of colour online are as accurate as our photographic and electronic processes will allow. Please note that colour online can also be affected by the calibrations of different output devices.

3.3. All weights and sizes are supplied as a guide only and are approximate.

3.4. Guided Sales, Buyers Guides and all other advice articles have been produced by Darius to help you in your purchasing decisions and to give guidance. These articles are provided for general information, but if you are in any doubt, you should seek help from an appropriate professional. We accept no liability for any loss, damage or injury arising as a result of the advice contained on our Website.

3.5. In the event that there are any errors regarding the price or description of Goods or Services, we reserve the right to correct that price or description and notify you accordingly. In these circumstances, it will be deemed that a contract has not been entered into and you will not be bound to continue with your purchase. We will cancel your Order and you will be refunded in full. The repayment of such monies paid to us will be the extent of our liability to you in the event of these errors.

4. Price Information

4.1. Except as set out below, the price of the Goods and Services is the price set out on the Website at the time you submit your Order. All prices are shown in Pounds Sterling.

4.2. The price of the Goods does include delivery charges which will be as advised during the check-out process, before you confirm your Order.

4.3 The price of the Goods and Services is inclusive of VAT (where applicable) at the current rate chargeable in the UK. If the rate of VAT changes between the date of Order and the date of delivery, we will adjust the VAT you pay unless you have already paid for the Goods or Services in full before the change in VAT. Darius VAT number is 272 4361 10. .

4.5. The prices shown are only applicable to purchases made via the Website. 

4.6. Special Offers and promotions advertised in the press or other media may be excluded from the Website unless specifically advertised as available online. All offers are subject to availability and while stocks last. This includes all offers advertised via official Darius social media channels.

4.7. Offers cannot be used in conjunction with one another. Where more than one offer is available on the same product only one discount will apply. The offer giving the greatest saving will be applied in the basket. Equally, voucher code offers cannot be used in conjunction with any other promotional offer. Proof of memberships allowing for discounts may be required. Offers can only be redeemed at the time of payment.

5. Payment Information

5.1. Darius accepts payment by most major credit or debit cards, where registered to UK addresses. We are unable to accept any other form of payment online.

 

6. Delivery of Goods

6.1. We will deliver goods in the UK using Royal mail services aimed for next-day delivery using the 1st class small parcel service and rate. 

 

6.2 Any dates quoted for delivery are approximate only and we cannot be held liable for any costs incurred if delivery is delayed. Please be aware that Royal Mail First Class postal service can take up to 7 days. This is under the terms of Royal Mail and is out of our control. 3rd Party couriers can deliver direct delivery orders between the hours of 7am and 9pm.

6.3. Delivery of an Order shall be completed when we deliver the Goods to the delivery address given in the Order.

6.4. The Goods will be your responsibility from the time of delivery.

6.5. Where the courier is unable to deliver the Goods, they will either attempt to deliver to a neighbour, attempt to redeliver the following day, leave a card for you to rearrange a suitable time for redelivery or leave the parcel at your local Post Office for you to collect.

6.6. We shall have no liability for any delay in delivery of the Goods, or failure to deliver the Goods, where the delay or failure is caused either by an Event Outside Our Control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

6.7 If we miss our estimated delivery deadline for the Goods or, in the absence of any estimate being given, we have not delivered the Goods within 30 days after the dispatch confirmation, you may cancel your Order and receive a full refund. 

7. Cancellations, Refunds and Returns

7.1 Subject to the remainder of this clause 7, if you change your mind and no longer want an item that you have purchased and we have delivered, you have the right to return those Goods within 30 days from receipt of the Goods and receive a refund. Alternatively, you are entitled to request an exchange within the same period of time. For our returns policy, please click here.

7.2 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your Order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:

7.3 To cancel or amend a Contract for Goods, you need to let us know that you have decided to cancel. If you wish to exercise this right, please contact the Darius Customer Services Team, by phone, email or letter sent by post or using the online form on our Website. Please include details of your Order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.

7.4 If you cancel your Contract, Darius will:

(a) refund you the price you paid for the Goods. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Goods if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount; 
(b) refund any delivery costs you have paid; and 
(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Goods and we have not offered to collect it from you: 14 days after the day on which we receive the Goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the Goods back to us;

(ii) if you have not received the Goods or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.

7.5 If you have returned the Goods to us under this clause 7 because they are faulty or mis-described, we will refund the price of the Goods in full, together with any applicable delivery charges.

7.6 We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Goods we may refund you in vouchers.

7.7 If Goods have been delivered to you before you decide to cancel your Contract: 

(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You must send it back (and we recommend using a trackable service and obtaining proof of postage). You must take reasonable care to ensure that the Goods are not damaged in transit; this includes ensuring that they are securely packaged. Darius  cannot be responsible for lost or damaged returns. 
(b) unless the Goods are faulty or not as described (in this case, see clause 7.7), you will be responsible for the cost of returning the Goods to us. If the Goods cannot be returned by post, we may offer to collect the Goods from you in which case we will charge you the direct cost to us of collection which will be £7.

7.8 Because you are a consumer, we are under a legal duty to supply Goods that are in conformity with this Contract. As a consumer, you have legal rights in relation to Goods that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 7 or anything else in these Conditions. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

7.9. Due to the speed of our ordering process, Darius may not be able to cancel your order before despatch. If you exercise your right to cancel prior to you receiving the Goods, Darius will attempt to stop the goods in transit, however if this is not possible and the Goods are delivered, you will be able to return your Goods in line with your rights outlined above.

8. After-sales Service and Guarantees

8.1. Except where expressly stated otherwise, all warranties are non-transferable and only apply for the original Customer. Please note that, if you buy Goods with a Darius warranty, we are guaranteeing that those Goods will work during the warranty period. If you replace the Goods during the warranty period, the warranty does not start again. You will only benefit from the remaining period of the original warranty. This does not affect your statutory rights if the Goods are faulty or not as described.

9. Complaints and Queries

9.1.If you are not happy with any aspect of our online service, discover a fault with our Website, or if you have any queries or comments relating to an Order placed online, please contact us and we will do everything we can to help you.

9.2. If we have exhausted our internal complaints handling procedure and we inform you in writing that we cannot settle your complaint, you have the option of referring your complaint to an Alternative Dispute Resolution ("ADR") provider to deal with the same. We are not obliged to use a specific ADR provider or procedure, however, a list of certified providers can be found at https://www.tradingstandards.uk/commercial-services/adr-approved-bodies. Alternatively, you can refer the complaint to the EU Commission's Online Dispute Resolution (ODR) Platform at wwww.odreurope.com. Please note that we are not obliged to participate in ADR.

9.3. Your access to Darius.com may occasionally be restricted to allow for the introduction of new products or features, site development, maintenance or repairs. We will attempt to restore the service as soon as we reasonably can.

9.4. Where you have been directed to the Website as a result of a third party site, these sites are independent from us and we are not responsible or liable for such sites. Please consult the terms and conditions of the site in question for more information.

10. Safe Shopping Guarantee

10.1. We have used every effort to ensure that shopping on the internet with Darius is safe. Our secure server software encrypts all of your personal information sent over the Internet. In processing your Order, your information may have to be sent over the internet more than once. At no point is your Order information sent in this way without encryption.

10.2. Although Darius endeavours to take all reasonable steps to protect your personal information, we cannot guarantee the complete security of any data you disclose online. You accept the inherent security risks of providing personal information and dealing online over the Internet and Darius cannot be held responsible for any breach of security unless it is due to our negligence. Please read our Privacy Policy for more details.

 

10.3. External Links: Please be aware that by clicking a hyperlink with this icon '', you will be transferred to an external website where a different Privacy Policy applies.

11. Sales Promotions

From time-to-time, Darius will offer Sales Promotions to increase sales of its products. These promotions will specify:

1. a start date.

2. a closing date.

3. how to participate.

4. any proof of purchase requirements.

5. the nature of the promotion – specific products, number of products, promotional discounts, and limitations, availability, and restrictions.

6. Any special conditions affecting Return Policy.

12. Liability

12.1 If we fail to comply with these Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered this Contract.

12.2 Except where expressly stated otherwise and agreed in writing with you, we only supply the Goods or Services for domestic and private use. You agree not to use the Goods for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12.3 We do not in any way exclude or limit our liability for: 

(a) death or personal injury caused by our negligence; 
(b) fraud or fraudulent misrepresentation; 
(c) any breach of the terms implied by section 9 to 11, or 17 of the Consumer Rights Act 2015; and 
(d) defective products under the Consumer Protection Act 1987.

13. Events Outside Our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

14. Variation

Darius amends these Conditions from time to time. Each time you order Goods or Services from us, the Conditions in force at the time of your Order apply to the Contract between you and us.

15. Communications between us

15.1. Any notice or other communication given to you under or in connection with the Contract shall be in writing (including email), addressed to you at the address that you have specified to us in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post, recorded delivery, commercial courier, fax or e-mail.

15.2. A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 15.1; if sent by pre-paid first class post or recorded delivery, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by fax or e-mail, one Business Day after transmission.

15.3. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

16. Other Important Terms

16.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Conditions.

16.2 You may only transfer your rights or your obligations under these Conditions to another person if we agree in writing.

16.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.

16.4 Each of the paragraphs of these Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

16.5 If we fail to insist that you perform any of your obligations under these 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.

16.6 These Terms are governed by English law. This means a Contract for the purchase of Goods through our Website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland. The only language in which the Contract can be concluded is English.

17. British cycling clubs’ sales promotion.

In 2024, Darius is offering members of clubs affiliated to British Cycling the opportunity of purchasing a SaddleSpur saddle at a 20% discount to the normal retail price.

The offer will be sent to British Cycling clubs, to offer to their members.

Each club will be assigned a specific promotional code to be used exclusively by club members when they order a saddle.

The closing date of the sales promotional is 31st July 2024.

The limit per cycling club will be 20 saddles, ordered before 31st July 2024.

The availability of the discount is conditional upon the order of one or more saddles before 31st December 2024

The normal retail price of the SaddleSpur product is £120 (incl. VAT). The promotional price is reduced to £96 (incl. VAT). Packing and postage an additional £5.00

Last Updated: February 2024