This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website http://www.digiverse.co.uk and https://digiverse.eu (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1. Information about us
1.1 http://www.digiverse.co.uk and https://digiverse.eu is a site operated by Digiverse Ltd (us, we, our). We are registered in England and Wales under company number 3768158 and with our registered office at 28 Whitehorse Street, Baldock Hertfordshire, United Kingdom which is also our main trading address. Our VAT number is GB 732 0676 48.
2. Service availability
2.1 Our site is only intended for use by people resident in the United Kingdom. We do accept orders from individuals outside of the United Kingdom by telephone and email correspondence only and if we do it will be subject to clause 2.2 below. Some restrictions are placed on the extent to which we accept orders from specific countries.
2.2 If you are from Outside of the United Kingdom, and we agree to supply the Products to you, we can only accept orders if you pay in advance by electronic wire transfer, cheque or banker’s draft unless otherwise specified by us. You must pay in pound sterling in advance in cleared funds unless otherwise specified by us and the order will be subject to Clause 8.3 (exchange rate variation). We ask that all orders are accompanied by e-mailed/faxed/posted hardcopy purchase order which clearly illustrates your landline contact telephone number and stipulates the address for delivery of the Products, the address for any statement and the invoice address for the Products. All other terms and conditions apply.
3. How the contract is formed between you and us
3.1 After placing an order, whether through this site via email or by telephone, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms our acceptance (the Order Confirmation). The contract between you and us (Contract) will only be formed when we send you the Order Confirmation and the Product has been dispatched.
3.2 The Contract will relate only to those Products we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order unless they are set out in the Order Confirmation.
4. Risk and title
4.1 The Products will be at your risk from the time of delivery.
4.2 All title, property and ownership in the Products shall vest in us against you and any third party to whom the Products are sold or dealt with by you in any manner whatsoever until receipt of the full purchase price by us from you. If you fail to pay the full purchase price within the agreed time limits, your right to possession of the Products shall terminate and we shall be entitled to enter upon any of your premises where the Products are stored or on to any premises of any third party where the Products are installed or incorporated thereon to repossess them. You hereby grant to us, our agents and employees an irrevocable licence at any time to enter any premises where the Products are or may be stored in order to inspect them, or, where your right to possession has terminated, to recover them. If the Products are in the possession of, installed or incorporated on any premises of a third party and we have not received the full purchase price and your right to possession has terminated, we reserve the right upon reasonable notice to enter upon any premises of the third party where the Products are stored and repossess the Products. You will cooperate with us and use your best endeavours to procure the consent and co-operation of such third party to facilitate re-possession of the Products by us, our agents or employees.
4.3 If you have not paid the full purchase price for the Products your right and any right of any third party to possession of the Products shall terminate immediately if:
(a) You have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters 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 over your undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator or notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder, or a resolution is passed or a petition presented to you by any court for winding-up or for the granting of an administration order or any proceedings are commenced relating to your insolvency or possible insolvency.
(b) You suffer or allow any execution, whether legal or equitable, to be levied on your property or is obtained against you, or you fail to observe or perform any of your obligations under the Contract between us and you, or is unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade or
(c) You encumber or in any way charges any of the Products.
5.Our and Your status
5.1 Please note that in some cases, we accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.
5.2 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
5.3 If you are buying the Product and it has to be installed on your premises, you are responsible for any failure by anyone that you appoint to install the Product(s) and for any damage caused by such incorrect installation either to your Premises or the Product(s).
5.4 Your status
By placing an order, you warrant that:
(a) You are legally capable of entering into binding contracts
(b) You are at least 18 years old
(c) You are resident in the United Kingdom or in the country as agreed by us and
(d) You are accessing our site and placing the order from that country.
6.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products, where it is agreed the item in question was missold to you or the item proves to be defective. In this case, you will receive a refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below). If you are not a consumer, for example, a business or you are an individual in business on your own account, you have a right to cancel the Contract if a fault is apparent in the Product and we and you have agreed in good faith that the Products can be returned. We will work with you in all cases to assess the fault and to make sure that the Product is in working order or to cure the fault. All refunds shall be made under Clause 9.
6.2 Subject to Clause 6.1 above, to cancel a Contract, you must inform us in writing or via email. If we agree that the Product can be returned or you have a right to under Clause 6.1, you must return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
6.3 You will not have any right to cancel a Contract for the supply of any of the following Products or services:
1. CD or DVD replication or duplication services which you commission including any artwork proof which you are asked to approve prior to us proceeding with the order or production thereof.
7. Availability and delivery
Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 30 days or a reasonable time of the date of the Order Confirmation, unless there are exceptional circumstances.
8. Price and payment
8.1 The price of any Products will be as quoted in pound sterling (£ ) on our site from time to time, except in cases of obvious error.
8.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due. The costs of delivery will be set out in the Order Confirmation.
8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation. For orders from outside of the United Kingdom under Clause 2.2 above, we reserve the right to charge you extra for any exchange rate variations which affect the pound sterling (£ ) by more than 5% to our detriment even if such variation takes place after we have sent you an Order Confirmation.
8.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our confirmation procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
8.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
8.6 If you are based in the UK, you can pay using any of the following methods stated in clause 8.7 unless otherwise specified by us. If you are not ordering from the UK, your payment will be subject to clause 2.2 above.
8.7 You can pay by Credit Card (see ‘payment methods’ for cards accepted), Cheque, Electronic Wire Transfer, or Banker’s Draft. You must pay in pound sterling unless otherwise specified by us. We ask that all orders are accompanied by e-mailed/faxed/posted hardcopy purchase order which shows your landline contact telephone number and stipulates the address for delivery of the Products, the address for any statement and the invoice address.
9. Acceptance and our refunds policy
9.1 Once you have received the Products you shall inspect them within a reasonable time after their receipt and shall be deemed to have accepted the Products unless you have notified us within 7 (seven) days after their receipt that the Products are rejected. (This does not however affect your statutory rights). If you fail to do this within the 7 days we shall consider the Products, of satisfactory quality and fit for their purposes, and may not accept any rejection at a later date.
9.2If you intend to return to reject the Products you must contact our Customer services on +44 (0) 1462 639816 and inform a member of staff of the problem and/or return. If it is agreed by all parties that a fault is indeed present you will be reminded of your order number and/or an RMA number (should the need be). This number shall be clearly quoted on the returned package, and the package(s) must be returned (in the same packaging the product arrived in) within 7 (seven) working days of telephoning us at our address as mentioned above or another address as specified by us at the time of the fault being reported.
9.3 If rejection is due to a defect or discrepancy with the Product, and it is agreed by all parties that a defect is indeed present, and the defect is reported within the initial 7 (seven) day cooling off period, you will be entitled to a full refund or replacement. The faulty or damaged product must be returned and received by us before any refund or replacement can be issued.
9.4 With regards to our Replication and Duplication services and in any instances where you are of the opinion the disks have been delivered with a fault on them, this fault must be reported within 7 (seven) days of delivery to you. We will then carry out an investigation to determine whether the problem was on the master supplied by you or if it was the fault of the plant responsible for that particular production run.
9.5 If any rejection is due to an incorrect order from you or to reasonable dissatisfaction with the Product, you may, at our discretion be entitled to an exchange or credit note (less postage). Such Products must be received by us before the exchange or credit note can be issued.
9.6 When you return a Product to us:
(a) If you are a consumer and you have cancelled the Contract between us within the seven-day cooling-off period (see clause 6.1) we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation and we have received the Products from you. In this case, we will refund the price of the Product in full including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
(b) For any other reason, for example, because you claim that the Product is defective and we have agreed to its return we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. In consumer sales, Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges. Where we have agreed to a return of Product(s) outside of the 7 day cooling off period and/or the Products are returned where there is no defect we will not refund the cost of return or the charges for sending the Product to you.
9.7 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
10. Our liability
10.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
10.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
10.3 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence
(b) Under section 2(3) of the Consumer Protection Act 1987
(c) For fraud or fraudulent misrepresentation or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
10.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us that would entitle you to terminate the contract between us, including but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data, or
(f)waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable
provided that this clause 10.4 shall not prevent claims for direct financial loss that are not excluded by any of the categories in (a) to (f) inclusive of this clause 10.4.
10.5 Where you buy any Product from a third party seller through our site, the seller’s individual liability will be set out in the seller’s terms and conditions.
11. Import duty
11.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
11.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
12. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Digiverse Ltd at 28 Whitehorse Street, Baldock, Herts SG7 6QQ or by email to [email protected] We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in this clause 13. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. 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.
14. Transfer of rights and obligations
14.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
14.2 You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15. Events outside our control
15.1 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 events outside our reasonable control (Force Majeure Event).
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f)The acts, decrees, legislation, regulations or restrictions of any government.
15.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
16.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18. Entire agreement
18.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
18.2 You and we each acknowledge that, in entering into a Contract, neither of you or us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and us prior to such Contract except as expressly stated in these terms and conditions.
18.3 We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our employees or duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing. We will only be bound by any variation from these terms and conditions if it is made and agreed in writing.
19. Our right to vary these terms and conditions
19.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
19.2 You will be subject to the policies and terms and conditions in force at the time that you order Product(s) from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
20. Law and jurisdiction
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.