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Terms and Conditions HEADING_TITLE

Terms & Conditions ::

 

 

DIGITALPROMO LIMITED Trading as Digitalpromo.co.uk
CONSUMER TERMS OF SALE

 

PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE

1. Format of the Contract
1.1 These terms of sale apply to all goods supplied by Digitalpromo Limited, whose registered office is at our accountants office at 298 ST MARY'S RD, LIVERPOOL, L19 0NQ registered in England and Wales No. 05172475 (the "Supplier").

All contact is to be made through our distribution address only (shown below):

 

Digitalpromo Limited Trading as digitalpromo.co.uk

Unit 13, Bechers Business Centre

Heysham Road

Aintree

Merseyside

L30 6UZ

United Kingdom

0151 523 9813


1.2 No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order.
1.3 An acceptance of your offer to buy the goods will be sent shortly after your order. However, we do have the right to terminate the contract in the event that the goods are unavailable, mis-priced or cleared funds are not received.
1.4 The contract is subject to your right of cancellation (see below).
1.5 The Supplier may change these terms of sale without notice to you in relation to future sales.

2. Description and price of the goods
2.1 The description and price of the goods you order will be as shown on the Supplier's website at the time you place your order.

Please view article 2.5 below.

2.2 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock we will not accept your order. If after acceptance or job order the Supplier discovers within [14 days] of our acceptance of your order that the goods are unavailable we may terminate the contract and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.3 Every effort is made to ensure that prices shown on the Supplier's website are accurate at the time you place your order. If an error is found within 14 days of accepting your order, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If the Supplier does not receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically. If you cancel the order, or if the order is cancelled automatically due to the expiry of the 14 day period, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.4 In addition to the price, you will be required to pay a delivery charge for the goods.

2.5 Prices throughout the site are shown excluding VAT and including VAT.

The prices excluding VAT are shown in a "red" coloured font and the including VAT prices are in a "black" coloured font, the including VAT price will be shown either below or to the side of the excluding VAT price.

VAT is charged at the UK rate of 20%.


3. Payment
3.1 Payment for the goods and delivery charges can be made by any method shown on the Supplier's website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the Supplier to terminate the contract immediately.
3.2 There will be no delivery until cleared funds are received.
3.3 Payments shall be made by you without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.
3.4 All transactions will be processed in UK Pounds Sterling only, prices shown in Euros are for guidance only. Please check with your bank or credit card company for currency exchange charges and rates if ordering from Europe.


4. Delivery

 

IMPORTANT INFORMATION

Orders will not be shipped to alternative countries than the Credit Card billing country.

First 2 orders can only be shipped to the Credit Card billing address unless prior agreement with Digitalpromo Ltd


4.1 The goods you order will be delivered to the address given when you placed the order, providing the delivery location is listed as a delivery location on our web site.

We reserve the right to cancel the contract between us if you select a delivery location not listed as a delivery location on our web site.
4.2 Orders placed before 2.30 pm on a working day will be processed that day and will be delivered as per the requested delivery option provided no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays.)
4.3 If delivery cannot be made to your address for reasons under the Supplier's control the Supplier will inform you as soon as possible.
4.4 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier , the Supplier may:
4.4.1 store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage and repeated delivery attempts; or
4.4.2 sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
4.5 If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Supplier shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods minus any delivery charges incurred by the supplier. On exercising your right to cancel you shall be required to return the goods to the Supplier. Should you fail to return the goods, the Supplier reserves the right to deduct any direct costs incurred by the Supplier in retrieving the goods as a result of such failure.
4.6 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible.
4.7 Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that you make thereafter.

If after opening your delivery you notice any shortages or damage then you should notify the Supplier via the support section of the website within 48 hrs of signing for the goods. (please note that this is 24hrs for our business customers)

4.8 Events Beyond our Control - we shall have no liability to you for any failure to deliver goods you have ordered within a specific timescale, or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion, accident or acts of god.

 

IMPORTANT INFORMATION

Orders will not be shipped to alternative countries than the Credit Card billing country.

First 2 orders can only be shipped to the Credit Card billing address unless prior agreement with Digitalpromo Ltd


5 Risk/Title
5.1 The goods are at your risk from the time of delivery.
5.2 Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
5.2.1 the goods, and
5.2.2 all other sums which are or which become due to the Supplier from you on any account.
5.3 The Supplier shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from the Supplier.

6. Title for Business Customers
6.1 If you are a business customer until ownership of the goods has passed to you, you must:
6.1.1 store the goods (at no cost to the Supplier) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as the Supplier's property;
6.1.2 not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on the Supplier's behalf for their full price against all risks to the reasonable satisfaction of the Supplier. On request you shall produce the policy of insurance to the Supplier; and
6.1.3 hold the proceeds of the insurance referred to in condition 6.1.2 on trust for the Supplier and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
6.2 If you are a business customer your right to possession of the goods shall terminate immediately if:
6.2.1 you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the grant-ing of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
6.2.2 you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or
6.2.3 you encumber or in any way charge any of the goods.

7. Your right of cancellation
7.1 You have the right to cancel the contract at any time up to 7 days after you receive the goods (see below). Please note that this policy has some limitations and does not apply to business customers.
7.2 To exercise your right of cancellation, you must give written notice to the Supplier by hand, post, email (info@digitalpromo.co.uk) or the support section of our website, giving details of the goods ordered and (where appropriate) their delivery time & date. Notification by phone is not sufficient.
7.3 Except in the case of faulty or misdescribed goods, if you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost. The goods must be returned to the address shown given on the Online Returns section of the website. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. In the case of faulty or misdescribed goods we shall, after receiving notification in accordance with clause 8.3 or 8.4, either collect the goods from you or ask you to return the goods yourself and refund you the reasonable postage costs.
7.4 Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods minus any delivery charges incurred by the supplier.
7.5 Except in the case of faulty or misdescribed goods, if you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods.
7.6 You do not have the right to cancel the contract if the order is for computer software which has been unsealed by you, or for consumable goods (see 8.6) which, by their nature, cannot be returned, save where a fault is discovered which could not have been discovered otherwise than by unsealing the goods.

8. Warranty - Our warranty is RTB (Return To Base)...we are not liable for any carriage cost's in returning the goods for inspection.
8.1 All goods supplied by the Supplier are warranted free from defects for 12 months from the date of supply (unless otherwise stated or are a "consumable" product - see 8.5, 8.6 & 8.7 ). This warranty does not affect your statutory rights as a consumer.
8.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier's instructions, or any alteration or repair carried out without the Supplier's approval.

If we receive a product back under warranty and once tested there is "No Fault Found" or the problem is due to an Incompatibility problem with your setup hardware/software there is a £10 charge incurred for testing also the delivery cost of returning the goods back to you will be charged at our usual shipping rate.

This balance will have to be cleared before the item(s) can be re-dispatched back to you.

 

If the product's returned for testing are found to be defective and NOT a compatibility issue then your return postage fee's will be refunded up to £6.99 on defective items within 30 days of purchase, after this period back to base warranty applies.

Hardware which has been "flashed" or modified with authorised or unauthorised firmware is done solely at your own risk and invalidates any warranty agreement with the Supplier. The Supplier is not liable for any warranty claims which you may then encounter with your hardware.

 

If you have "flashed" or modified the firmware in your hardware and experience problems you should return it to the manufacturer for repair under the manufacturers warranty.

 

All hardware returned to us will be tested to verify that the firmware as not been flashed or modified, if the hardware shows this to be the case the hardware will be returned back to you and carriage costs in returning it back to you will be charged.

This balance will have to be cleared before the item(s) can be re-dispatched back to you.

 

If the product is found to be faulty then a replacement will be given of similar or of the same technical specification, refunds will only be given within the first 30 days of purchase. If no replacements are available then a refund will be given at the current price (except if the purchase was made within the 30 day period).

If the item is being sent back for restocking due to you ordering in error a refund will be issued minus a 12.5% Restocking fee if returned within a 30 day period from purchase, we will only accept goods back for Restocking if they are in their original packaging, unopened and have not been used, if for any reason the goods are not in their original condition and unable to be placed back into stock you will be charged the delivery cost of returning the goods back to you.

If the goods are found to be damaged prior to delivery to you, or defective, we will at our option repair or replace the goods or refund the price paid by you, we must be informed of damaged goods in transit within 48 hours of you receiving them.
8.3 If the goods supplied to you are damaged on delivery, you should notify the Supplier in writing via the support section of the website within 48hrs. (Please note that this is 24hrs for our business customers)
8.4 If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier in writing via the support section of the website, as soon as possible, but in any event within 14 days of the date you discovered or ought to have discovered the damage, defect or complaint.

8.5 Hardware

All hardware carries a 12 month RTB (Return To Base) warranty from date of purchase unless stated otherwise in the product description - excluding batteries which may be supplied with the hardware and are classed as consumables.

All items must be packed safely and securely. Ensure that you send goods back to us with full insurance cover so that you may claim from your insurers for any damage that may occur during return delivery to the supplier, any goods received by the supplier damaged will be returned back to you at your cost.

Please include any original packaging, instructions, leads etc, failure to do so will result in either the return being refused and returned back to you at YOUR COST, or a charge being incurred to replace the missing items.

Where goods are returned as faulty after 30 days of shipping we reserve the right to return the product to the manufacturer for repair or replacement. If this should happen then it is likely that the repair or replacement could take up to 30 days to process. In some cases we may advise you to contact the manufacturer directly as they offer tailored end user warranties and in some cases on-site replacement and are therefore better placed to resolve any problems.

8.6 Consumables

All consumables carry a 90 day RTB (Return To Base) warranty from date of purchase unless stated otherwise in the product description.

In the case of consumables (such as ink cartridges, toners, batteries, DVD/CD Media and paper) where the suitability/compatibility of the product is ascertainable without breaking the factory seal, and the factory seal is broken, this is likely to amount to a breach of your legal obligation to take reasonable care of the goods.

You are obliged by law to take reasonable care of the goods whilst they are in your possession. If you return your goods or if you have informed us in writing that you wish to cancel your order in accordance with our Terms and Conditions of Sale you should (as applicable) also return or retain the original packaging, together with all manuals, warranty cards and all accessories and documentation provided by the manufacturer if applicable.

8.7 Returning Media

Our warranty is RTB (Return To Base)...we are not liable for any carriage cost's in returning the goods.

If you encounter any problems with DVD/CD media, please stop using the media immediately and return the unused media back to the supplier, if you continue to use the media and continually keep having disc failures the supplier is not liable for all the "burnt" media you have had problems with.

Most problems with media are usually related to hardware, firmware compatibility and set-up and is not usually the media which is defective.

We will gladly refund on unused media which is returned to us in original condition / packaging and within a time scale of 30 days e.g. no fingerprints, scratches or general dirt on disc, if discs are returned in a state which makes them unusable then they will be returned back to you and carriage costs in returning it back to you will be charged.

If you return items back we will inspect the items to ensure they are in original condition and email with the value of the items returned.

This figure can either be credited towards another order or refunded if purchased within a 30 day period.

If the item is being sent back for restocking due to you ordering in error a refund will be issued minus a 12.5% Restocking fee if returned within a 30 day period from purchase.

Any carriage costs involved in either you sending goods back to Digitalpromo Ltd T/A Digitalpromo.co.uk or the supplier re-sending items back to you are NOT payable by Digitalpromo Ltd and will be charged at our usual rate.

Your returns will only be accepted when authorised with an approved RMA number. and a copy of the RMA number MUST be included within the packaging of the returned item, failure to do so will result in the item(s) not being processed.

All RMA numbers can be obtained from our Online Returns section of the web site.

No items can be returned until you have received a RMA number and this must be enclosed within your returned item(s).

Please allow up to 1 working day for authorization of your return and RMA Number.


9. Limitation of Liability
9.1 Subject to 9.2 below, if you are a consumer the Supplier shall not be liable to you for any loss or damage in circumstances where:
9.1.1 there is no breach of a legal duty owed to you by the Supplier or by its employees or agents;
9.1.2 such loss or damage is not a reasonably foreseeable result of any such breach;
9.1.3 any increase in loss or damage resulting from breach by you of any term of this contract.
9.2 Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier's negligence or fraudulent misrepresentation.
9.3 If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.

10. Data Protection
The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.

11. Images
Product images are for illustrative purposes only and may differ from the actual product.


12. Export Sales

The purchaser is the importer to their destination and is responsible for all copy taxes, levies, performers rights fees, royalties or special duty payments on all products ordered on this web site, from the United Kingdom.

 

14. Clearance/End of Line and Overstocked Deals

The products sold in our clearance section or described as clearance in their information is usually below our cost price, these products are sold on an 'as is' basis, without any warranty of fitness for any purpose. These products are not covered by our usual warranty.

 

15. Remittance Terms

All goods remain the property of the Supplier until paid for in full.

[1] The Supplier monitor prices on a daily basis. We will not be held responsible for pricing errors due to software mal-functions, or human error.

 

Acceptance of your order WILL NOT be accepted until payment has been processed, and your goods dispatched.

 

Digitalpromo Ltd T/A Digitalpromo.co.uk reserve the right to cancel your order.

 

This website operates on an 'invitation to treat' basis and not as an 'offer for sale'. As a result, Digitalpromo Ltd T/A Digitalpromo.co.uk reserves the right to decline orders.

 

This site is targeted at residents of the European Economic Area and the Channel Islands. If you are not a resident of the European Economic Area or the Channel Islands do not use this site. In listing your place of residence and delivery address in our order form, you are representing to us that you are a resident of the European Economic Area or the Channel Islands. This is a representation on which we rely prior to accepting your offer to purchase our advertised goods and services.

 

These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract, save that consumers resident in Scotland shall have the right to insist upon these terms being construed in accordance with the laws of Scotland and to submit to the jurisdiction of Scottish courts.

 



Digitalpromo Limited Trading as Digitalpromo.co.uk

Unit 13, Bechers Business Centre

Heysham Road

Aintree

Merseyside

L30 6UZ

United Kingdom

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