TERMS & CONDITIONS
STANDARD TERMS AND CONDITIONS FOR SUPPLY OF GOODS & SERVICES
In this document the following words shall have the following meanings:
1.1 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.2 "Customer" means any person who purchases Goods and Services from the Supplier;
1.3 "Goods" means the articles specified in the Proposal;
1.4 "Proposal" means a statement of work, quotation or other similar document describing the Goods and Services to be provided by the Supplier;
1.5 "Services" means the services specified in the Proposal;
1.6 "Supplier" means Digitrains Ltd of The Manor, North St, Digby, Lincoln, LN4 3LY;
1.7 "Terms and Conditions" means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
2.1 These Terms and Conditions shall apply to all contracts for the supply of Goods and Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Goods and Services, by virtue of any statute, law or regulation.
2.4 Nothing in these Terms and Conditions shall affect the Customer's statutory rights as a Consumer.
3 THE ORDER
3.1 The Proposal attached to these Terms and Conditions shall remain valid for a period of 0 day.
3.2 The Customer shall be deemed to have accepted the Proposal by placing an order with the Supplier ("the Order") within the period specified in Clause 3.1.
3.3 All Orders for Goods and Services shall be deemed to be acceptance of the Proposal pursuant to these Terms and Conditions.
4 PRICE AND PAYMENT
4.1 The price for the Goods and Services is as specified in the Proposal and is inclusive of VAT and any applicable charges outlined in the Proposal.
4.2 Payment of the price shall be in the manner specified in the Proposal.
4.3 If the Customer fails to make any payment within 0 day of it becoming due, the Supplier shall be entitled to charge interest at the rate of 0.01% per month on the outstanding amounts.
5.1 Any date of delivery specified by the Supplier is an estimate only. Time for delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods.
5.2 All risk in the Goods shall pass to the Customer upon despatch.
Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods.
7 CUSTOMER'S OBLIGATIONS
To enable the Supplier to perform its obligations the Customer shall:
7.1 co-operate with the Supplier;
7.2 provide the Supplier with any information reasonably required by the Supplier;
7.3 obtain all necessary permissions, licenses and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Customer; and
7.4 comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.
8 SUPPLIER'S OBLIGATIONS
8.1 The Supplier warrants that the Goods will at the time of delivery correspond to the description given by the Supplier.
8.2 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
8.3 The Supplier accepts all responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure that any materials supplied shall be free of defects.
8.4 All products are subject to the manufacturer's warranty and no additional guarantees are given or implied. Nothing in this clause affects your statutary rights.
9 CANCELLATIONS AND REFUNDS
9.1 Where the Goods are faulty or do not comply with any of the contract, the Customer must notify the Supplier within 7 days of delivery and the Customer shall be entitled to replacement Goods or a full refund.
9.2 The Customer may cancel an Order by notifying the Supplier in writing at the address above or by email before despatch of any goods and any moneys paid will be refunded in full.
9.3 If the Customer fails to cancel the order within the time specified in Clause 9.2 any deposit paid may not be returnable.
10 LIMITATION OF LIABILITY
10.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods and Services.
10.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
10.3 For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.
11 FORCE MAJEURE
Neither party shall 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, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and 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 hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
13 GOVERNING LAW These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
14 ADVICE FOR CUSTOMERS WISHING TO RETURN ITEMS.
I want to return my goods, what are my rights? Is it true that a high street shop does not have to accept non faulty returns?
The answer is true, but read on to find out more. Digitrains Ltd returns policy agrees with the following, (And in compliance with your Statutory Rights and under the Sale of Goods Act, SOGA.) Goodwill returns policy
Non Faulty Goods do not have to be accepted for return under the law, but he good news is that most retailers, including Digitrains Ltd, choose to provide a 'goodwill' returns policy offering an exchange, refund or credit note for some returns. This strictly only applies to perfect unused items in their undamaged original packaging that can be resold as new. They must be accompanied by proof of purchase and be within 30 days of the date of purchase. And if your item was bought online, over the phone, or by mail order you have additional rights to return it under the Distance Selling Regulations.
The right to cancel
Where the regulations apply the consumer now has a “cooling off period” of 7 working days from receipt of the goods within which to cancel the contract and return the goods unused without penalty and for any reason. If the consumer has paid any money before exercising the right to cancel, a full refund has to be made as soon as possible and in any event within 30 days. The calculation of a working day excludes weekends and public holidays.
Check returns policy before you buy
You can only return non-faulty goods for an exchange or refund if the retailer has a returns policy. (See Above). Shops don't have to have a returns policy, but if they have one they must stick to it. Under the Sale of Goods Act you have a statutory right to return something and get your money back if it's faulty.
Returns policies are usually displayed on receipts, on signs in-store and online. You can also ring the shop's customer services line to find out its returns policy. Most retailers impose time limits for returning non-faulty products, such as 28 days, but many extend around Christmas for example, so you might have more time than you think. If you paid by credit card, you also have extra protection.
High street shops don’t have to accept returns on non-faulty items If a shop has a returns policy, it has to stick to it Check in-store, online or on your receipt for the returns policy Most shops have a limit for non-faulty returns, usually 28 days
The items that can't be returned Most retailers have policies which stipulate that they will accept non-faulty returns, as long as items are unused and in perfect condition with their undamaged original packaging. Non faulty items must be accompanied by the original receipt or acceptable proof of purchase, see below. But there are some returns exceptions worth knowing about. DVDs, music and computer software Many retailers refuse returns if the seal or packaging has been broken. Perishable items You won't usually be able to return an item if it's perishable. This includes food and flowers. Made to order If an item has been made to order or personalised it's very unlikely that you'll be able to return it.
What to have when returning items Depending on a retailer’s returns policy some will only exchange or give you a credit note, while others will give you a refund. But all shops usually require a few key things.
- A receipt. Always keep your receipt and take it with you. If you’re buying a gift for someone else, ask for a gift receipt so that they can change it themselves.
- The card you paid with If you paid for an item on a debit or credit card, take it with you when you return the item. This is especially important if you want a refund as its often credited to the card you paid with.
- The original packaging. We’ve said it already, but don’t underestimate the importance of taking the item’s original packaging with you. Non faulty items will need to be resold to someone else in perfect condition, Obviously if this condition cannot be met the item will not be acceptable for return as unsuitable for subsequent resale.
- Returning goods without a receipt
If you simply change your mind, the retailer has no legal obligation to give you you money back, should you return an item without a receipt. However, many stores will offer an exchange or credit note, so its always worth asking.
If your goods are faulty and you don't have the receipt, you still have the same rights to a repair, refund or replacement as under the Sale of Goods Act.
15 ITEMS BEING RETURNED AS FAULTY
I’m only the retailer – Am I responsible for faulty goods?
Yes. The law clearly places an obligation on the seller selling goods in the course of a business to sell goods of a satisfactory quality (see below).
This is known as strict liability and cannot be avoided, say, by referring the customer to the manufacturer under the terms of the guarantee. A guarantee or warranty will always be in addition to consumers’ statutory rights and those statutory rights can never be avoided. So, if a consumer has a complaint that goods are not of a satisfactory quality, their complaint is against the retailer. It is then up to the retailer to pursue the suppliers or manufacturers for damages on an indemnity basis subject to any terms and conditions of any supply contract. Furthermore, since 31 March. Furthermore, since 31 March 2003 the retailer may be liable for any “public statements” about the goods that are incorrect even though those statements are made by the manufacturer, importer or producer.
Since 31 March 2003 where goods “do not conform to the contract”, (are faulty, in other words), as an alternative to the rights explained in the fact sheet on Sale of Goods Law:
A consumer may request either a repair or replacement from the retailer. This is often done by agreement anyway but is now a legal entitlement.
If the retailer agrees to a repair or replacement, this must be done within a reasonable time and without significant inconvenience to the consumer. The retailer would have to bear any related costs.
The retailer could refuse either of these requests if he could show one was disproportionately more costly in comparison than the other.
Any replacement will have to be on a like for like basis rather than new for old. A consumer seeking a replacement for a faulty washing machine after, say, 4 months or even 14 months would be entitled to something comparable (but in working order, obviously) – not a brand new machine.
A repair or replacement may not be possible for whatever reason or declined by the retailer as too costly. Alternatively, the retailer may have agreed to a repair or replacement but the consumer feels that is taking too long. In those situations the consumer may then request either a partial or full refund to reflect the loss they have suffered. A full refund, particularly after a lengthy time from the time of sale, would be rare. The consumer would have had, at least, some use of the goods so a reduction of the purchase price (a refund) would be calculated accordingly.
The Sale and Supply of Goods Act 1994 introduced the requirement that goods be of a satisfactory quality. This section of the Act applies only to sellers who are acting in the course of a business. The Act sets out a list of criteria to be met for goods to be of a satisfactory quality. In order to satisfy that test, regard must be had to the following: Fitness for all the purposes for which goods of the kind in question are commonly supplied.
- Appearance and finish.
- Freedom from minor defects.
Buyers cannot expect a legal remedy in respect of
- Fair wear and tear;
- Misuse or accidental damage; or
If they decide that they no longer want the item It is important to remember that these regulations and, (subject to certain exceptions) most other “consumer rights” will only apply where goods are not of a satisfactory quality, or, do not conform to the contract. That is to say, the goods are faulty. Consumers do not (generally) have the right to reject goods or claim any of the rights discussed here and elsewhere, simply because they have changed their mind or no longer want them. Neither would a consumer have a claim where the fault complained of was nothing more than normal wear and tear, to be expected of particular goods in particular circumstances. Whilst it is true that consumers have 6 years within which to bring a claim under UK legislation, that does not mean that simply because a fault develops within 6 years the consumer would be able to bring a claim. Goods do not have to last for 6 years. Obviously, some goods are not intended to last that long. In other cases, component parts may simply need replacing. If that occurs through normal wear and tear or an intervening act, such as misuse or accidental damage by the consumer, there will be no basis for any claim against the retailer.
17 FREE GUARANTEES AND WARRANTIES
Any guarantees given by (usually) manufacturers will be legally binding against the manufacturer notwithstanding they are “given free” and a consumer will be able to enforce it through the courts. The guarantee will take effect from the time that it is delivered. Digitrains Ltd do not provide additional warranties of their own for third party manufactured products. Where such guarantees are given for goods being sold in the UK they must be written in plain, intelligible English, must be available for viewing prior to purchase and state that they do not affect the consumers’ statutory rights. Local trading standards departments and/or the Office of Fair Trading have powers to investigate any complaints that guarantees do not meet the above criteria.
18 COST OF RETURNING ITEMS
Digitrains Ltd will reimburse the return cost at our standard despatch rate ( i.e. what it would cost us to send it to you in the first place, for example Royal Mail first class recorded within the UK ) for items returned as faulty under the SOGA. Return costs for non faulty or broken goods for repair will not be reimbursed, In these instances the customer will be responsible for those costs.