Terms and Conditions
This website is operated by Diastema Limited (Company number: 7419981, referred to as we/our/us”). You (referred to as “you/your”) acknowledge that your use of this website including any transactions you make is subject to our terms and conditions below (referred to as “these conditions”).
The goods you order from this website will be referred to in these conditions as "the Goods".
Please read through these conditions carefully before using this website. We would recommend that you print out a copy for your future reference.
The references below to numbered paragraphs are to paragraphs of these conditions.
1. Order and Acceptance
1.1 We will inform you if items are unavailable and will supply only approximate dates of when the item is likely to be in stock.
1.2 We will confirm the details of your order by email. This will include notice of our delivery charge together with a timescale estimate for delivery of the items of the type ordered. This confirmatory email will not constitute an acceptance of your order and no binding contract will exist between us until we actually despatch the goods ordered. Until then we may decline to supply your order without giving any reason.
1.3 Acceptance of your order will take place upon despatch to you of the Goods unless we have notified you that we do not accept your order or you have cancelled it. (Please refer to Delivery and Returns [Section 12] below for more details).
2. Payment and Price
2.2 Goods are subject to availability. In the event that we are unable to supply the Goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the Goods.
2.3 The price for the Goods is the price displayed on our website at the time we receive your order. VAT is included unless stated otherwise. Delivery is charged in addition at the rate specified in our email confirming your order referred to in Paragraph 1.2.
2.4 If we have mis-priced any item by mistake, we are not obliged to supply at that price provided we notify you before we despatch it.
3.1 This website is for delivery of Goods to addresses in mainland UK and Northern Ireland only.
3.2 Delivery charges and estimated timescales are specified in our email confirming your order referred to in Paragraph 1.2. We make every effort to deliver Goods within 3 days of the order being placed, but delays are occasionally inevitable due to unforeseen factors. We will be under no liability for any delay or failure to deliver the Goods within estimated timescales. All goods will be delivered within 30 days or a refund will be given.
3.3 You agree to notify our Customer Services Department if your Goods do not arrive within 3 working days of the estimated delivery date.
3.4 Delivery will be made to the delivery address specified in your order. Re-despatch of any returned orders may incur an additional delivery charge.
3.5 Risk of loss and damage to the Goods passes to you on the date when the Goods are delivered.
4.1 Title (ownership) in or to the Goods will pass to you on delivery of the Goods provided that we have received cleared payment in full for these Goods.
4.2. Title (ownership) in or to the Goods will pass back to us immediately upon any refund for the price of the Goods being made by us.
5. Damaged, Missing or Incorrect Orders
5.1 You agree to carefully examine the Goods delivered in accordance with your order. In this connection. (Please refer to the Procedure upon receipt of your delivery [Paragraph 12.4] below).
5.2 In order to enable us to rectify the position, you agree to notify us in accordance with the procedure set out in Section 12 if any of the Goods are damaged, missing or incorrect.
6. Cancellation, Refunds, Exchanges
6.1 You have a right to cancel your order by emailing our Customer Services Department either before delivery or within 7 working days starting the day after you receive your Goods. Please refer to the Section 17 below for details of the cancellation procedure.
6.2 Your right to cancel does not apply to items that you have unsealed or opened. This does not affect your right to examine the goods as you would in a shop.
6.3 An item is only eligible for return if it is in the exact condition in which it was delivered.
6.4 If you cancel your order after delivery within the 7 day cooling off period then you will be responsible for the cost of the return package. Consumers returning goods under the Sale of Goods Act will not inherit this cost in this circumstance cost of the return will be added to your refund. Provided that paragraph 6.3 has been complied with, then following receipt of the return package we will either:
6.4.1 in relation to orders for Goods cancelled in accordance with this Paragraph 6 and the cancellation and returns procedure set out in Section 17 refund the purchase price but not the delivery charge; or
6.4.2 at your option, exchange the Goods for other goods you wish to purchase from this Catalogue or our website. We will pay the cost of delivering any substituted goods.
6.5 Save as set out in this Paragraph 6 we shall not be under any other liability to you in respect of cancellation, refunds and exchanges of Goods.
7. Liability and Disclaimer
7.1 Nothing in these conditions excludes or limits liability for death or personal injury caused by negligence or fraudulent misrepresentation and paragraphs 7.2 to 7.8 are subject to this paragraph 7.1.
7.2 We shall not be liable for any losses or claims (including loss of data, income or profit loss or damage to property and/or loss relating to claims of third parties) arising directly or indirectly from use of this website or in respect of any Goods purchased under these conditions.
7.4 The content of this website is for information purposes only, as a general guideline to foot healthcare only. It is not intended as a guide to self-medication or as a substitute for professional medical advice, diagnosis or treatment. If you have, or suspect, a health problem, you should consult your podiatrist or doctor. Please consult your medical practitioner before taking any new product, particularly if you are already under medical care.
7.5 All indemnities, warranties, terms and conditions (whether expressed or implied) are hereby excluded to the fullest extent permitted by law other than the exclusive remedies set out or referred to in paragraph 6.
7.6 Whilst every care is taken to disclose details relating to products accurately, it is your responsibility to read all product labelling and instructions carefully prior to use. You must satisfy yourself that the Goods meet your requirements. We reserve the right to amend specifications on all items without prior notice.
7.7 Our maximum aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to the price paid or payable by you for the Goods the subject of any contract made pursuant to these conditions.
8. Intellectual property rights
8.1 All information and material including software, data, text, photographs and graphics contained on this website is protected by copyright, trade marks, service marks, patents or other proprietary rights.
8.2 You may only download material from this website for your personal non-commercial use and you may only retrieve and display content from this website if it is it directly connected to an order made by you from this website.
9. Data protection
10.1 If you are unhappy with our service in any way, we would like to know. We will do everything we can to resolve your complaints to your satisfaction. Please telephone, email or write to our Customer Services Department. Please refer to Customer Services [Section 13] below for our contact details.
11.1 Diastema Limited is a registered data protection user. We will only use the information that we collect from you in accordance with the Data Protection Act 1998.
11.2 For information about your rights under UK data protection laws, please see the website of the UK Data Protection Commissioner.
11.3 Diastema Limited is committed to protecting your privacy. This statement sets out:
Which personal information we collect from you.
How we use it.
To whom we can disclose it.
How we protect it.
How you can access it and rectify it.
11.4 Which personal information we collect from you:
When you register with us or place an order with us, we collect and store the following basic information:
Contact details e.g. address, telephone number, email address
username and password
payment information including credit/debit card number and details
You may provide us with additional information when you communicate with us by telephone, email, post and by using this site for example if you store a list of favourites or complete a questionnaire.
We may obtain information about you from other sources including credit and/or credit card information from credit bureaus.
11.5 How we use your Personal Information:
We use this information to fulfil our agreement with you for example:
To register you with our website and to administer our website services;
To process your order;
For assessment and analysis to enable us to develop and improve our services;
To administer any prize draws or competitions you may enter.
11.6 Cookies: A Cookie is a piece of data which a website can send to your browser, and which may then be stored on your computer. Cookies allow us to track and target the interests of our users to enhance their experience of our site. You may wish to adjust your browser so that your computer does not accept cookies, but we would recommend that you leave them turned on, to allow you to take advantage of the most useful features of our site.
11.7 To whom we can disclose your personal information:
We will only disclose your personal information to third parties for the purposes set out in paragraph 2 above. These include our employees and agents who administer any accounts, products and services provided to you by us, as well as third parties for credit card processing and delivery of your orders.
In order to protect both you and us from fraud and theft, we may pass on information that we obtain from making identity checks and other information in our customer records, (including how you conduct your account) to other retailers and other organisations (including law enforcement agencies) involved in fraud prevention and detection, to use in the same way.
We may disclose your personal information to anyone in the context of a sale or merger of all or part of our business, to anyone to whom we transfer our rights and duties under our agreement with you, or when we have a duty to do so by law.
If we intend to transfer your information outside the European Economic Area we will also obtain your consent first.
11.8 How do we protect your personal information:
All of your personal details are encrypted to help keep them secure. We only accept orders using Secure Socket Layout (SSL). This technology prevents you from inadvertently revealing personal information using an insecure connection. Our site supports 128 bit encryption to keep your details as safe as possible at all times. We will reveal only the last five digits of your credit card number when confirming an order and we ask you for your card billing address as an additional security check.
No credit or debit details are stored once your order has been processed. This is why you need to enter your card details each time you make an order.
We also maintain physical and procedural safeguards in connection with the collection, storage and disclosure of personal information. This includes ensuring that only employees who need the information to perform a specific job (like billing clerk or customer service representative) are granted access to personally identifiable information. All employees are trained and regularly up-dated on our security and privacy practices.
11.9 How can you access and rectify your personal information:
You can access and rectify certain of your personal information by logging on to your account.
Please note that our site may be linked to other websites which may be accessed through our site. Diastema Limited is not responsible for the data policies or security procedures or the contents of these linked websites.
This Web site uses etracker technology www.etracker.com to collect visitor behaviour data. This data is collected anonymously to be used for marketing and optimisation purposes. All visitor data is saved using an anonymous user ID to aggregate a usage profile. Cookies may be used to collect and save this data, but the data is not personally identifiable. The data will not be used to identify a visitor personally and is not aggregated with any personal data. The collection and storage of data may be refused at any time with respect to subsequent services.
12. Delivery and Returns
12.1 We strives to offer top quality footcare products delivered on time at competitive prices with a high level of customer service.
12.2 We aim to dispatch orders within 3 working days of receipt.
12.3 Delivery charges: All Orders will be charged £3.50 delivery charge.
(Please note this charge applies to UK orders only).
12.4 It is important to carry out the following Procedure upon Receipt of your Delivery in order to enable us to resolve your problem as efficiently as possible:
please always inspect the packaging for any visible signs of damage
open your delivery upon receipt and check that it contains all the goods which you ordered
check the packaging carefully before discarding it, as some items we supply are quite small and could be missed
check the goods correspond with your order
Please telephone our Customer Services Department if your delivery has not arrived within 3 working days of the estimated delivery date.
13. Customer Service
Our Customer Service Contact Details are as follows:
Telephone: +44 (0)1206 796247
Address: Diastema Ltd, Unit B19, Moorside Business Park, Moorside, Colchester, Essex, CO1 2ZF
Our Customer Service Department operates between 09:00 - 17:00 Monday to Friday. Any emails or answer phone messages received outside these times will be dealt with at the earliest possible opportunity.
14. Damaged Items
If you think that your goods have been damaged during transit, please contact our Customer Services Department within two working days of receiving your delivery, in order to enable us to carry out any investigations
We will require full details including the nature of the damage, your name, order number and contact details.
15. Missing items
If you feel certain after following the Procedure upon receipt of your delivery set out in Paragraph 12.4 above, that an item is missing, please contact our Customer Services Department as soon as possible after receiving your delivery in order for us to locate your missing item. Please provide full details including the nature of the missing items, your name, order number and contact details.
16. Incorrect items
If we have sent you an incorrect item please do not open this as we need to receive it back in the same condition as it was sent. Please email our Customer Services Department within two working days of receiving your delivery in order for us to investigate the error. Please provide full details including the nature of the problem, your name, order number and contact details.
To cancel your order, please notify our Customer Services Department in writing (by email, fax or letter) at any time before delivery or, if after delivery then before the expiry of seven working days after delivery. Please quote your name, order number and contact details.
If you cancel your order after delivery then you will be responsible for the cost of return package. However, we will pay the cost of delivering any substitute goods.
18. Returning Goods
You must take reasonable care of the item(s) and must not use them. An item may only be returned if it is in the exact condition in which it was delivered. Certain items cannot be refunded or exchanged unless faulty or sent incorrectly. These include products that you have unsealed or opened.
Item(s) may be returned by post. Always include the returns slip from the bottom of your Invoice/Receipt when returning goods.
Returned goods remain your risk and responsibility until they are received by us. We strongly recommend that you use one of the Royal Mail’s premium services which are traceable or require a signature on delivery.
19. Exchanges and Refunds
Our Customer Service Department will decide, after discussion with you, whether we will replace any defective or undelivered goods or issue a refund for the purchase price.
No refunds will be made unless the goods are returnable and we have received them back in the exact condition in which they were delivered within seven working days of your delivery. This refund will exclude the cost of delivering the product to you, and will not include the cost of returning the product to us.
Once goods have been received by us at the returns address a refund will be processed to your credit card. Please allow up to 10 days for this process to be completed.
Please note that credit card companies will only allow refunds to be made to the card used to pay for the original order and that it can take as long as seven working days for a refund to be acknowledged by your credit card company.
Your statutory rights are not affected by anything contained in this Section.
20.1 We reserve the right to amend these conditions at any time. All transactions after the date that any such amendments are posted onto the website (see date at the top) will be governed by those amended conditions.
20.2 You may not assign or sub-contract any of your rights or obligations under these conditions or any related order for Goods to any third party unless by prior written agreement of Diastema Limited.
20.3 We may transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these conditions or any related contract to any third party.
20.4 If any part of these conditions is held by any competent authority to be invalid or unenforceable, the validity or enforceability of the other parts of these conditions shall not be affected.
20.5 A person who is not a party to the agreement created by these conditions (other than a permitted successor or assignee under Paragraph 11.2 or 11.3 above) shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these conditions provided that no consent is required from any third party for variation or rescission of these conditions (whether or not that varies or extinguishes rights or benefits in favour of such third parties in any way).
20.6 No delay or failure by us to exercise any powers, rights or remedies under these conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any effective waiver must be in writing and signed by an authorised representative of Diastema Limited.
20.7 These conditions including the documents or other sources referred to in these conditions contain the entire agreement and understanding between you and us for your use of this website and supersede any prior representations understandings and agreements between you and us relating to the use of this website (including the order of Goods).
20.8 These conditions will not affect your statutory rights.