Terms and Conditions
In this document the following words shall have the following meanings:
“Business Day” means a day (other than a Saturday, Sunday or a public holiday) when banks in London, England are open for business;
"Buyer" means the firm or person who buys the Goods from the Seller;
“Conditions” means these Terms and Conditions as amended from time to time in accordance with clause 2.4;
“Contract(s)” means any one or more contracts between the Seller and the Buyer for the supply of the Goods in accordance with these Conditions;
"Goods" means the goods (or any part of them) set out in the Order;
“ List Price ” means the prices charged for the Goods by the Seller from time to time;
“Order” means an order from the Buyer for the purchase of Goods as provided either verbally or in writing to the Seller from time to time;
“Parties” means the Seller and Buyer together;
“Seller” means Digiland or Digicare Limited whose trade address is at Digiland House, Stafford Park 12, Telford, Shropshire, TF3 3BJ or such other address notified to the Buyer in writing from time to time; and
“VAT” means Value Added Tax.
2.1 Each Order constitutes an offer by the Buyer to purchase the Goods in accordance with these Conditions.
2.2 Each Order shall only be deemed to be accepted when, either: (1) the Seller accepts the Order in writing; or (2) at the time the Goods are despatched for delivery pursuant to the terms of clause 6, and on that date a Contract shall come into existence. For the avoidance of doubt each Order shall be a separate offer by the Buyer to purchase the Goods in accordance with these Conditions and upon acceptance by the Seller shall constitute a separate Contract.
2.3 These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms, conditions, promises, statements and/or representations referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the Parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing.
2.4 Any variation to these Conditions (including any special terms and conditions agreed between the Parties) shall not apply unless agreed in writing by the Seller.
2.5 Any quotation given by the Seller to the Buyer from time to time shall not constitute an offer.
3 PRICE AND PAYMENT
3.1 The price of the Goods shall be the List Price at the time the Order is accepted pursuant to clause 2.2 above, or such other price as the Parties may agree in writing (the “Price”). The Price is exclusive of VAT and any other applicable costs (such as delivery).
3.2 The Seller shall issue an invoice to the Buyer for the Goods on or at any time after completion of delivery of some or all of the Goods supplied under the Contract.
3.3 Payment of the Price and VAT and any other applicable costs shall be due within 30 days of the end of the month following submission of the invoice referred to in clause 3.2 above. At the discretion of the Seller alternative payment terms can be agreed but will only apply once confirmed in writing by the Seller. Time shall be of the essence in respect of the payments due under this clause 3.3.
3.4 Without limiting any right or remedy of the Seller interest shall accrue on a daily basis on all or any part of the Price outstanding from time to time from the date when payment is due until the date of payment of any outstanding amounts at a rate of 5% per annum above the base rate from time to time of the Bank of England, whether before or after judgment and compounding quarterly.
3.5 If payment of all or any part of the Price is not made by the due date, the Seller shall be entitled to: (a) charge to the Buyer any and all costs incurred in procuring the collection of the late payments which shall thereafter be deemed to be included as part of the Price which could include but is not limited to the costs of engaging a third party debt recovery agent or a solicitor; (b) require payment in advance of delivery in relation to any Goods not previously delivered (under the applicable Contract or any other Contract); (c) refuse to make delivery of any such undelivered Goods and without incurring any liability at all to the Buyer for non-delivery or any delay in delivery; and/or (d) terminate all or any of the Contracts.
3.6 The Buyer shall pay all amounts due under each Contract in full without any deduction or withholding except as required by law and the Buyer shall not be entitled to assert any credit, set-off or counterclaim against the Seller in order to justify withholding payment of any such amount in whole or in part. The Seller may, without limiting its other rights or remedies, set off any amount owing by it to the Buyer against any amount payable to the Seller from the Buyer.
4.1 Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.
4.2 Where the Goods are to be supplied in accordance with a specification provided by the Buyer, the Buyer shall indemnify the Seller against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by the Seller in connection with any claim made against the Seller for actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with the Seller’s use of the specification provided by the Buyer. This clause 4.2 shall survive termination of the Contract.
Where a sample of the Goods is shown to and inspected by the Buyer, the Parties accept that such a sample is so shown and inspected for the sole purpose of enabling the Buyer to judge for itself the quality of the bulk, and not so as to constitute a sale by sample.
6.1 With years of experience in selling TVs to the public we have used numerous couriers. These TVs cannot be sent with a conventional courier as they tend to damage the units in transit. For this reason we use a specialist two man White Glove Service, and delivery can take between 3 to 7 working days from the day of despatch. This is to ensure your TV arrives safely. In theory, your TV is handled less times before it arrives to you which means it has lesser chance of being damaged
6.2 Unfortunately, specialist couriers like these do not have customer-facing delivery tracking online. Your listing will be updated with a tracking number shortly after purchase. The tracking number indicates that the collection/delivery has been arranged but not necessarily that the goods are yet in the courier’s possession. We can provide the couriers number upon request for you to call them and check the delivery status (using the tracking number/your postcode).
6.3 We can only deliver to the address on the sales record, which comes from your customer account (however the delivery address can be amended before payment). We cannot change an address after purchase, send goods to an alternative address, leave items with neighbours, or in a ‘safe place’. This is all for insurance purposes.
6.4 We deliver goods to destinations within the UK Mainland Only. We do not deliver to any part of Ireland, Northern Ireland, Isle of Wight or Isle of Man. All parcels we send are insured at no extra cost. Please provide proof of I.D to the driver if requested.
6.5 In the unlikely event that your product appears lost in transit please contact us ASAP. If the product appears damaged in transit, please contact us within 24 hours of delivery
6.6 We’re not liable for any customer compensation if delivery has failed due to a customer fault
6.7 If the customer is locally based we will ship the item out using our own driver, therefore no tracking number is provided.
Returns and refunds
Our policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.
To be eligible for a return, your item must be in the same condition that you received it. It must also be in the original packaging.
If for any reason you are unsatisfied with your purchase of a digiland product, you can contact us within 30 days of taking delivery and return the product with a Proof of Purchase. You will then receive a refund for the purchase price of your product (excluding any initial delivery charges as set out in your order confirmation email).
*Please note that we charge an £40 re-stocking fee for all change of mind TV returns and £10 for all change of mind accessory returns. This will come out of your final refund, and is to cover our delivery costs.*
Products must be returned in their original packaging, along with all included accessories, be in new condition suitable for resale, and must not have been damaged during the time the product is in your possession, including up until we receive the product.
You must notify us at firstname.lastname@example.org within 30 days of taking delivery of your product and request a return under this policy.
If there is no proof of the delivery date it will be assumed to be 5 business days from the date of dispatch of the product.
The product must be returned to us within 10 business days of your request to return your product.
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund. The product will remain your responsibility during transit until they are received at the address supplied by digiland. We do not accept any liability for any loss or damage which may occur during transit. You should consider a tracking service. We don’t guarantee that we will receive your returned item.
After receiving the returned product, we will refund as soon as is reasonably practicable and you will be provided with e-mail acknowledgement.
To return your product, you should mail your product to:
Stafford Park 12
You should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.Packaging the return
We advise that all original packaging be kept for your product in the event you have to return the goods to us for any reason. If you dispose of the packaging and the TV needs to be returned due to a fault, you are responsible for sourcing suitable replacement packaging. It is the customer’s responsibility to package the item in a safe way, suitable for courier transport. If the TV is damaged in transit when being returned to us due to insufficient/negligent packaging (e.g. please ensure nothing is in-front of the screen as this will break the screen) then the customer is responsible for the damage. If the damage caused results in a broken screen then we are unable to offer any refund. The screen is almost the whole value of most televisions, so replacing the screen is not something we do.
Items must be returned with all the contents that were supplied and in the original box (e.g. remotes, cables, stands etc). If goods are returned and parts are missing and not subsequently returned (if they we were omitted in error) then the value of these parts will be deducted from the refund given.
The customer is expected to enclose a brief note when returning the item (stating their eBay name) so we can identify the goods. Failure to do this may result in delays to any repair/replacement/refund.
Risk in the Goods shall pass to the Buyer at the moment the Goods are dispatched from the Seller’s place of business. Where the Buyer is under an obligation to collect the Goods, risk passes when the Buyer takes possession of the Goods or the Goods are set aside for its collection, whichever happens first.
8 RETENTION OF TITLE
8.1 Notwithstanding the provisions of clause 7 title and property in the Goods, including full legal and beneficial ownership, shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full for all Goods delivered or made available to the Buyer under all Contracts between the Seller and the Buyer. For the avoidance of doubt payment of the full price of the Goods shall include the amount of any interest or other sum payable under these Conditions.
8.2 Until title to the Goods has passed to the Buyer, the Buyer shall: (a) hold the Goods on a fiduciary basis as the Seller’s bailee; (b) store the Goods separately from all other goods held by the Buyer so that they remain readily identifiable as the Buyer’s property; (c) not remove, deface or obscure any identifying mark or packaging on or relating to the Goods; (d) maintain the Goods in satisfactory condition and keep them insured against all risks for their full price on the Seller’s behalf from the date of delivery; (e) notify the Seller immediately if it is unable or believes that it will be unable to pay any of the monies due to the Seller; and (f) give the Seller such information relating to the Goods as the Seller may require from time to time.
8.3 If before title to the Goods passes to the Buyer the Seller believes that the Buyer will be unable to pay any amount due under any Contract to the Seller and the Seller notifies the Buyer accordingly, then, provided the Goods have not been resold, or irrevocably incorporated into another product, and without limiting any other right or remedy the Seller may have, the Seller may at any time require the Buyer to deliver up the Goods and, if the Buyer fails to do so promptly, enter any premises of the Buyer or of any third party where the Goods are stored in order to recover them.
9.1 Where the Seller is not the manufacturer of the Goods, the Seller shall endeavour to transfer to the Buyer the benefit of any warranty or guarantee given to the Seller.
9.2 The Seller warrants that (subject to the other provisions of these Conditions) on delivery the Goods shall: (a) be of satisfactory quality within the meaning of the Sale of Goods Act 1979; (b) be reasonably fit for any purpose which the Seller says the Goods are fit for or for any reasonable purpose for which the Buyer uses the Goods; and (c) be reasonably fit for any particular purpose for which the Goods are being bought if the Buyer had made known that purpose to the Seller in writing and the Seller had confirmed in writing that it is reasonable for the Buyer to use the Goods for that purpose.
9.3 The Seller shall not be liable for a breach of any of the warranties in clause 9.2 unless: (a) the Buyer provides written notice of the defect to the Seller, and, if the defect is as a result of damage in transit to the carrier, within 5 Business Days of the time when the Buyer discovers or ought to have discovered the defect; and (b) the Seller is given a reasonable opportunity after receiving the notice to examine the Goods and the Buyer (if asked to do so by the Seller) returns such Goods to the Seller’s address provided above at the Seller’s cost for the examination to take place there.
9.4 The Seller shall not be liable for a breach of any of the warranties in clause 9.2 if: (a) the Buyer makes any further use of the Goods after giving such notice; or (b) the defect arises owing to the buyers misuse of, or as a result of accidental or malicious damage or failure to follow recommended industry practice as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice; or (c) the Buyer alters or repairs the Goods without the Seller’s written consent or in any manner not in line with industry practice.
9.5 Subject to clause 9.3 and clause 9.4, if any of the Goods do not conform with any of the warranties in clause 9.2 the Seller shall at the Seller’s sole option repair or replace such Goods (or the defective part) or refund the price of such Goods at the pro rata Price under the Contract provided that, if the Seller so requests, the Buyer shall, at the Seller’s expense, return the Goods or the part of such Goods which is defective to the Seller.
9.6 If the Seller complies with clause 9.4 the Seller shall have no further liability for a breach of any of the warranties in clause 9.2 in respect of such Goods.
10 Limitation of liability
10.1 Subject to clauses 10.2 and 10.4, if the Seller fails to comply with these Conditions, the Seller shall only be responsible for any losses that the Buyer suffers to the extent that those losses are a reasonably foreseeable consequence of the Seller’s failure to comply with these Conditions.
10.2 Subject to clause 10.3 the Seller shall have no liability for any losses that result from the Seller’s failure to comply with these Conditions that fall into the following categories: (a) loss of income or revenue; (b) loss of business; (c) loss of profits or contracts; (d) loss of anticipated savings; (e) loss or corruption of data; (f) loss of goodwill or business opportunity; (g) any waste of time; or (h) special, indirect or consequential loss.
10.3 This clause does not include or limit in any way the Seller’s liability for: (a) death or personal injury caused by the Seller’s negligence; or (b) fraud or fraudulent misrepresentation; or (c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979; or (d) any other matter for which it would be illegal or unlawful for the Seller to exclude or attempt to exclude the Seller’s liability.
10.4 Subject to clause 10.3 and 10.5 the Seller’s total liability in connection with the Contract whether based on contract, tort (including negligence), strict liability or otherwise is limited to an amount equal to the Price under the Contract.
10.5 In respect of any loss of or damage to the Buyer’s physical property which is caused by the Seller’s negligence or failure to comply with these Conditions the Seller’s total liability is limited to an amount equal to 250.00.
10.6 All warranties, clauses and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
11 The Buyers’s insolvency or incapAcity
Without limiting its other rights or remedies, the Seller may terminate the Contract and/or suspend its obligations under the Contract with immediate effect by giving written notice to the Buyer if the Buyer fails to pay any amount due under any Contract on the due date for payment or if the Seller reasonably believes that the Buyer may fail to pay any amount due under any Contract including as a result of the Buyer’s insolvency or deemed insolvency within the meaning of the relevant provisions of the Insolvency Act 1986 or any other equivalent legislation or regulations.
12 Consequences of termination
On termination of the Contract for any reason: (a) the Buyer shall immediately pay to the Seller all of the Seller's outstanding unpaid invoices and interest and, in respect of Goods supplied but for which no invoice has yet been submitted, the Seller shall submit an invoice, which shall be payable by the Buyer immediately on receipt; (b) the accrued rights and remedies of the Parties as at termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and (c) clauses which expressly or by implication have effect after termination shall continue in full force and effect.
13 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, the Seller shall be entitled to a reasonable extension of time in order to perform its obligations. If the delay persists for more than 30 days either of the Parties may terminate the Contract.
14 RELATIONSHIP OF PARTIES
Nothing contained in these Conditions shall be construed as establishing or implying any partnership or joint venture between the Parties and nothing in these Conditions shall be deemed to construe either of the Parties as the agent of the other.
15 ASSIGNMENT AND SUB-CONTRACTING
15.1 The Seller may at any time assign, charge, subcontract or deal in any other manner with all or any of its rights under the Contract.
15.2 The Buyer shall not, without the prior written consent of the Seller, assign, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
16 WAIVER AND REMEDIES
16.1 If the Seller or the Buyer delays or does not take action to enforce the Seller’s or the Buyer’s rights under the Contract this does not prevent either the Seller or the Buyer from taking action later.
16.2 Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.
If any term or provision of these Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions of the Contract shall continue in full force and effect as if these Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
18.1 Any notice or other communication required to be given to either of the Parties shall be in writing and shall be delivered to the other party personally or sent by prepaid first-class post, recorded delivery or by commercial courier, at its registered office (if a company) or (in any other case and in the case of notices addressed to the Seller) its principal place of business, or sent by fax to the other party's main fax number.
18.2 Any notice or other communication shall be deemed to have been duly received if delivered personally, when left at such addressor, if sent by prepaid first-class post or recorded delivery, at 9.00 am on the second Business Day after posting, or 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, on the next Business Day after transmission.
18.3 This clause 18 shall not apply to the service of any proceedings or other documents in any legal action. For the purposes of this clause, "writing" shall not include e-mails and for the avoidance of doubt notice given under this Contract shall not be validly served if sent by e-mail.
19 Third Parties
The Parties intend that a person who is not a party to the Contract shall not have any rights under or in connection with it.
20 GOVERNING LAW AND JURISDICTION
The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with English law, and the Parties hereby irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.