These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.
Please click on the button marked “I Accept” at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 20th December 2013.
These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 We operate the website www.digital-os.co.uk. We are Digital Office Systems Limited, a company registered in England and Wales under company number 029926969 and with our registered office at C/o Charnwood Accountants, the Point, Granite Way, Mount Sorrell, Loughborough, Leicestershire, LE12 7TZ. Our main trading address is Prospect House, 6 Brookside, Ashby De La Zouch, Leicestershire, LE65 1JW. Our VAT number is 616 9429 18.
1.2 To contact us, please see our Contact Us page www.digital-os.co.uk/contact-us.
2. USE OF OUR SITE
The use of our site is governed by our Terms of website use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.
3. HOW WE USE YOUR PERSONAL INFORMATION
4. IF YOU ARE A CONSUMER
This clause 4 only applies if you are a consumer.
4.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
4.2 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
5. IF YOU ARE A BUSINESS CUSTOMER
This clause 5 only applies if you are a business.
5.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
5.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
6.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 10.
6.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
6.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 10.8, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
7. OUR RIGHT TO VARY THESE TERMS
7.1 We may revise these Terms from time to time. We will give you notice of any changes by advising you of the date on which our Terms have been changed and the changes which have been effected.
7.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
7.3 Whenever we revise these Terms in accordance with this clause 7, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
8. YOUR CONSUMER RIGHT OF RETURN AND REFUND
This clause 8 only applies if you are a consumer.
8.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 8.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens’ Advice Bureau or Trading Standards office.
8.2 However, this cancellation right does not apply in the case of:
(a) any made-to-measure or custom-made products OR products made to your specification or clearly personalised;
(b) software, DVDs or CDs which have a security seal which you have opened or unsealed.
8.3 You may cancel a Contract from the date you receive the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 14 (fourteen) working days in which you may cancel, starting from the day you receive the Products.
8.4 To cancel a Contract, [please contact us in writing to tell us by sending an e-mail to email@example.com [ or by sending a letter to Digital Office Systems Ltd, Prospect House, 6 Brookside, Ashby-de-la-Zouch. Leicestershire. LE65 1JW] OR please contact our Customer Services telephone line or e-mail us at firstname.lastname@example.org to tell us. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
8.5 You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause
8.4. If you returned the Products to us because they were faulty or mis-described, please see clause 8.6.
8.6 If you have returned the Products to us under this clause 8 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
8.7 We refund you on the credit card or debit card used by you to pay.
8.8 If the Products were delivered to you:
(a) you must return the Products to us as soon as reasonably practicable;
(b) unless the Products are faulty or not as described (in this case, see clause 8.6), you will be responsible for the cost of returning the Products to us;
(c) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
8.9 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 8 or these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
9. OUR PRODUCTS
9.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
9.2 We do not warrant the suitability of our Products for a particular purpose, and you should check the specifications and suitability with the appropriate manufacturers before ordering. No express or implied warranty or representations are given.
9.3 Products are not sold on a trial basis.
9.4 As a result of continuing product development the specification or design of Products may vary from time to time.
9.5 The packaging of the Products may vary from that shown on images on our site.
9.6 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
9.7 Products are not sold on a trial basis.
10. PRICE AND PAYMENT
10.1 We can only accept orders from customers based in Great Britain and therefore we only ship Products to customers in Great Britain.
10.2 We accept payment by Visa, MasterCard, Switch, Delta, as well as payment by cheque and bank transfer.
10.3 Customers paying for orders using Visa, MasterCard, Switch, Delta cards must provide us with the card owners name and full postal address as it appears on their statements.
10.4 All Products remain the property of Digital Office Systems Ltd until paid for in full.
10.5 All prices exclude VAT, Digital Office Systems Ltd reserves the right to change prices. All Products are subject to availability. If we do not supply the Products we will refund any money already paid. We will not be liable for compensation or damages if we do not supply the Products.
10.6 The price for the Products will be stipulated at the time when you place your order. We are entitled to make adjustments to the price to take account of any increase in our suppliers’ price or if due to an error or emission the price published for the Products on our web site is incorrect. We will inform you of the correct Price and give you the option to cancel your order.
10.7 We only accept payments from UK registered cards.
10.8 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could reasonably have been recognised by you as mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
11.1 Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we or one of our agents will contact you with a revised estimated delivery date.
11.2 Delivery will be completed when we deliver the Products to the address you gave us.
11.3 The Products will be your responsibility from delivery.
11.4 You own the Products once we have received payment in full, including all applicable delivery charges.
11.5 Any delivery charges will be notified to you in advance of you placing your order.
11.6 Deliveries to Northern Ireland, Isle of Man, Scottish Islands and other areas outside of the Great British mainland may be subject to a delivery surcharge. Please contact us by telephone on 01530 414409 or email email@example.com for details.
11.7 All Products in stock are dispatched for next business day delivery (Monday to Friday) providing the order is received and payment authorised before 4.30pm Monday to Friday.
11.8 Deliveries can be made up to 6pm.
11.9 All deliveries must be signed for and you should keep your receipt.
11.10 Whilst every reasonable effort shall be made to keep to any delivery date, time of delivery shall not be of the essence and we shall not be liable for any losses, costs, damages or expenses incurred by you or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date.
11.11 After delivery you are responsible for protecting the Products against loss or damage.
11.12 You should inspect the Products before signing and accepting delivery of them and report any damage from shipping to the courier and us immediately but no longer than 3 days.
11.13 You should ensure you sign for the correct number of parcels delivered.
11.14 If any items are missing or the wrong items have been shipped you must inform us within 5 days of the delivery date.
12. RETURNS/FAULTY PRODUCTS
12.1 All returns must be authorised by our customer service department and a Returns number obtained.
12.2 Products returned without a Returns number will be rejected by us.
12.3 Unless faulty we will not accept the return of opened hardware, software packages or open consumables such as toner cartridges, ink cartridges and paper.
13. UNWANTED PRODUCTS
13.1 We will only accept the return of non-faulty Products within 7 days of you receiving them, the Products must be in an original, unused and resalable condition, with the manufacturers packaging and boxes un damaged or defaced. If any Products are returned not in the above condition we will return the Products to yourselves and the cost of re-delivery charged to yourselves. We reserve the right to charge a 20% handling charge should the Products not be in a resalable condition. It is your responsibility to ensure the safe return of the Products to ourselves, once the Products have been received and their condition checked we will refund the cost of the Products using the card details from the original transaction minus our original carriage costs.
14. FAULTY PRODUCTS
14.1 We will only accept the return of faulty Products within 14 days of you receiving them, we reserve the right to refer you to the Products manufacturer to confirm whether Products are faulty. We require a manufactures call number in order to authorise the return of faulty Products. Once an item has been confirmed as faulty by the manufacturer we will arrange for the collection of the Products. Items returned that are found to be fully working will be returned to yourselves and cost of re-delivery charged to yourselves. We reserve the right to charge a 20% handling fee should the Products be in fully working order.
15. OUR LIABILITY IF YOU ARE A BUSINESS
This clause 15 only applies if you are a business customer.
15.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
15.2 Nothing in these Terms limit or exclude our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
15.3 Subject to clause 15.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
15.4 Subject to clause 15.2 and clause 15.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
15.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
16. OUR LIABILITY IF YOU ARE A CONSUMER
This clause 16 only applies if you are a consumer.
16.1 We only supply the Products for domestic and private use.
16.2 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
17. EVENTS OUTSIDE OUR CONTROL
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 17.2.
17.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
17.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
18. COMMUNICATIONS BETWEEN US
18.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
18.2 If you are a consumer:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause [ ], [you must contact us in writing by sending an e-mail to firstname.lastname@example.org [ or by sending a letter to Digital Office Systems Ltd, Prospect House, 6 Brookside, Ashby-de-la-Zouch. Leicestershire. LE65 1JW] OR please contact our Customer Services telephone line or e-mail us at email@example.com]. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. [If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.]
(b) If you wish to contact us in writing for any other reason, you can send this to us by e-mail or by pre-paid post to Digital Office Systems Ltd at [Digital Office Systems Ltd, Prospect House, 6 Brookside, Ashby-de-la-Zouch. Leicestershire. LE65 1JW. AND/OR firstname.lastname@example.org]. You can always contact us using our Customer Services telephone line.
18.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
18.4 If you are a business:
(a) Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, e-mail, or posted on our website.
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if sent by e-mail, one Business Day after transmission; or, if posted on our website, immediately.
(c) In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
(d) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
19. OTHER IMPORTANT TERMS
19.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you if this happens.
19.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
19.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
19.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
19.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
19.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
19.7 If you are a business, a 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 the law of England and Wales.
19.8 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).