Digitalkind LTD
Consumer terms of sale

Please read & retain a copy for future reference

1. The contract
1.1 These terms of sale apply to all goods supplied by Digitalkind Limited, registered office, Lawrence House, James Nicolson Link, York, YO30 4WG, registered in England and Wales company No. 4642882 (the "Supplier").
1.2 A contract exists between you and the Supplier for the sale of any goods only once the Supplier has received and accepted your order.
1.3 Acceptance will be in the form of an e-mail sent confirming the goods are being dispatched.
1.4 We have the right to cancel an order due to goods being out of stock and/or mis-priced.
1.5 This contract is subject to your own right to cancel in section 6.
1.6 These terms and conditions may change at any point without any prior notification to you.

2. Goods description and pricing
2.1 An indication of the price of the goods and it's description will be viewable on the website at the time of ordering.
2.2 After receipt of your order real time stock will be checked. If the goods are out of stock we may cancel your order and refund your payments.
2.3 Whilst every effort is made to provide accurate price and stock information, no guarantees are made as to the accuracy of that information. If errors are detected within 14 days after an order is made, we reserve the right to cancel the order and provide a full refund.
2.4 The price of the goods will be subject to an additional delivery charge.

3. Payment
3.1 Payment is a fundamental term of this agreement. Not receiving full payment prior to the delivery of the goods constitutes a breach of the contract and the supplier may terminate the contract.
3.2 Goods will not be delivered until cleared funds have received.
3.3 No deductions can be made whatsoever on the payments made by you, unless a valid court order stipulates otherwise.

4. Delivery
4.1 Goods will only be delivered within the United Kingdom and to the delivery address in the order form.
4.2 Excluding weekends and public and bank holidays, all orders received before 5pm will be processed that day unless further checks are required and subject to the goods being in stock and correctly priced and described. Delivery will be by the requested method unless circumstances make this difficult.
4.3 If delivery by the requested method is not possible, the supplier will contact you as soon as possible.
4.4 If you refuse to accept delivery of the goods (unless caused by 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 keep the goods under safe storage and charge for this service (including insurance); or
4.4.2 sell the goods at the best price obtainable at the time, and deducting any shortfall from any monies owed to you.
4.5 If delivery is refused due to your exercising your right to cancel under distance selling regulations, any monies owed to you will be refunded within 30 days, after deducting any reasonable costs of retrieving the goods if the goods are not returned directly to the supplier.
4.6 Whilst every effort is made to make the delivery of the goods as per the request of goods, the supplier is not liable for any loss or damage caused by any delay in delivery. Any delays will be notified to you as soon as possible.
4.7 Goods are sent via a sign on receipt method. Acceptance of the goods indicates receipt in good condition. If you are unable to check the condition of the packaging indicating any possible damage to the goods, please mark the sign for receipt as "goods not checked". Failure to do so may affect the warranty of the goods.

5 Risk/Title
5.1 From the time of dispatch, the goods are at your risk.
5.2 The goods remain the property of the supplier, until ownership has been transferred by means of receiving full payment in cleared funds in respect of;
5.2.1 the goods, and
5.2.2 any other sums that then become due to the supplier from you.
5.3 Even if the ownership of the goods has not passed from the supplier, recovery of any payments for the goods will be made.

6. Cancellation
6.1 Up to the end of 7 working days after you have received the goods, you have the right of cancellation.
6.2 To exercise your right of cancellation, written notice must be given to the Supplier by hand or post or e-mail, (address details available upon request) giving all relevant details pertaining to the purchase.
6.3 Excluding faulty or misrepresented 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 given once notification of cancellation has been received. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. In the case of faulty or mis-described goods we shall, after receiving notification in accordance with clause 7.3 or 7.4, either collect the goods from you or ask you to return the goods yourself and possibly refund you the reasonable postage costs.
6.4 Upon receipt of notification that you are canceling your contract all payments made by you will be refunded within 30 days, unless the goods have already been delivered, in which case your payment minus the cost to the supplier to deliver your goods will be refunded within 30 days.
6.5 Excluding faulty or misrepresented goods, goods otherwise not returned as indicated by the supplier may have a levy of the costs of recovering the goods taken from any refundable amount.
6.6 The contract for Computer software unsealed or downloaded, or consumable goods cannot be cancelled and the goods cannot be returned unless a fault is discovered which could not have been discovered otherwise.
6.7 Once notification has been received for cancellation of order the goods must be received in the condition sent by the supplier within 5 working days where possible.
6.8 Business to business transactions cannot be cancelled once dispatched

7. Warranty
7.1 All goods supplied by the Supplier are warranted free from defects for 12 months from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer.
7.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, willful 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.
7.3 If the goods supplied to you are damaged on delivery, you should notify the Supplier in writing via post or e-mail within 14 days.
7.4 If the goods supplied to you develop a fault while under warranty or you have any other complaint about the goods, you should notify the Supplier in writing via post or e-mail as soon as possible, but in either case within 14 days of the date you discovered or ought to have discovered the damage, fault or complaint.

8. Limitation of Liability
8.1 Subject to 8.2 below, if you are a consumer the Supplier shall not be liable to you for any loss or damage in circumstances where:
8.1.1 there is no breach of a legal duty owed to you by the Supplier or by its employees or agents;
8.1.2 such loss or damage is not a reasonably foreseeable result of any such breach;
8.1.3 any increase in loss or damage resulting from breach by you of any term of this contract.
8.2 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.
8.3 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.

9. 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.

10. Images
Although every effort is made to confirm the accuracy of images, they must be viewed for illustrative purposes only, and may not accurately reflect the product.

11. Site content
The content of this site is based on sources that we can consider as reliable, but for which we can't guarantee the accuracy, integrity or quality.
The shown information (specifications, prices,…) should be considered as an indication and can be changed at any moment and without any prior notice.