Terms and Conditions - orders processed online.
Last updated 3rd March 2009
81 Tenter Road
Moulton Park Ind Est.
Datco Consultants Limited - trading as displays4media.co.uk
Company registration number: 03459041
Registered office: 5 Hobby Close, Northampton, NN4 0RN
Telephone: 0844 335 3919
Fax: 01604 648982
Please read the terms and conditions before ordering through this website.
In the following Terms and Conditions the words "we", "us", "our", "supplier" refer to Datco Consultants Limited, trading as displays4media.co.uk - the words "buyer", "you" and "your" refer to the user of the website and purchaser of goods or services through the website.
1.1 We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website (see date at the top) and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
1.2 You confirm that you have authority to bind any business on whose behalf you use this website.
2.1 These conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of the Goods, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.
2.2 All orders for goods including orders placed on this website shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these conditions.
2.3 These conditions may not be varied except by the written agreement of a director of the Seller.
2.4 These Conditions represent the whole of the agreement between the Seller and the Buyer. They supercede any other conditions previously issued.
3 .1 All quotations and tenders are valid for a period of 30 days from issue unless otherwise stated. The acceptance of the order by displays4media will constitute a contract subject to these conditions.
4.1 We do not have a minimum order charge.
4.2 All prices and the discounts applicable to displays4media goods and/or services are subject to change without notice.
4.3 All prices exclude VAT at the applicable current rates, unless expressly stated otherwise.
4.4 All prices exclude carriage charges unless otherwise stated.
5.1 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.
5.2 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.
5.3 If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier in writing via the e-mail address or fax number shown above.
6. Payment and Interest
6.1 We take payment from your card at the time we receive your order, once we have checked your card details. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.
6.2 The price you pay is the price displayed on this website at the time we receive your order apart from the following two exceptions:
a) While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
6.3 Payment can be made by any method specified in this website. For information about secure on-line ordering see Security & Privacy.
6.4 Interest on overdue invoices shall accrue from the date when payment becomes due calculated on a daily basis until the date of the payment at the rate of 6% per annum above the Bank of England base rate from time to time in force. Such interest shall accrue after as well as before any judgment.
7. Order process
7.1 The 'confirmation' stage sets out the final details of your order. Following this, we will send to you an order acknowledgement email detailing the products you have ordered. Please note that this email is not an order confirmation or order acceptance from displays4media.
7.2 Acceptance of your order and the completion of the contract between you and us will take place on dispatch to you of the products ordered unless we have notified you that we do not accept your order.
7.3 We do not file details of your order for you to subsequently access direct on this website, and therefore, please print out these terms and conditions and the order acknowledgement for your own records. If you wish to obtain specific details of your previous orders please contact us.
8.1 Carriage charges are applicable to UK mainland only. For all other areas such as the Isle of Man, Northern Ireland, Republic of Ireland and The Scottish Highlands carriage will be calculated and charged to the customer. We reserve the right the alter the carriage charge for the original delivery and for the collection of goods without prior notice.
8.2 Delivery of the Goods shall be made to your address. You shall make all arrangements necessary to take delivery of the Goods.
8.3 We will undertake to use our reasonable endeavors to dispatch the Goods on an agreed delivery date, but do not guarantee to do so. Time of delivery shall not be the essence if the contract.
8.4 We shall not be liable to you for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods. If short delivery does take place, you undertake not to reject the Goods but to accept the Goods as part of performance of the contract.
8.5 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier , the Supplier may:
8.5.1 store the goods until actual delivery and charge you for reasonable costs (including insurance) of redelivery and storage; or
8.5.2 sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
8.5.3 If as a private individual you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Supplier shall refund or re-credit you within 30 days for any sum that has been debited from your credit card for the goods, less any expenses incurred for failed delivery.
8.6 Time for delivery shall not be of the essence.
8.7 Goods for delivery outside the United Kingdom are sold on f.o.b. terms and property and risk shall pass to the buyer when goods are delivered on board ship.
8.8 For all export orders please ring +44 (0) 5600 761 785 for a quotation.
8.9 All goods must be signed for by an adult aged 18 years or over on delivery.
9. Loss or damage in transit
9.1 In the unlikely event that you receive a damaged package and suspect the goods inside are damaged the carrier’s receipt must be endorsed “Damaged.” If subsequently the goods are found to be damaged, displays4media must then be contacted in writing (letter, fax or email) within 10 working days. Delivery notes signed “unexamined” are not sufficient to uphold a claim.
9.2 If upon delivery, you sign for the goods as goods received in good condition’(clear signature only) and subsequently find the contents are damaged or items are missing, we require verbal notification by 5.00pm on the next working day to uphold a claim.
9.3 If goods are found to be damaged and correct notification has been given then the goods will be replaced as soon as possible.
10.1 Sometimes the product specifications from the manufacturer may change, in which case we will do our best to offer you a substitute of the same or better quality at the same price.
10.2 All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.
10.3 We reserve the right to alter our designs without prior notice.
11. Risk or Title
11.1 Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery by us or any third party carrier company.
11.2 Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
11.2.1 the goods, and
11.2.2 all other sums which are or which become due to the Supplier from you on any account.
11.3 The Supplier shall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods has not passed from the Supplier.
12. Title for Business Customers
12.1 If you are a business customer until ownership of the goods has passed to you, you must:
12.1.1 store the goods (at no cost to the Supplier) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as the Supplier's property;
12.1.2 not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on the Supplier's behalf for their full price against all risks to the reasonable satisfaction of the Supplier. On request you shall produce the policy of insurance to the Supplier; and
condition and keep them insured on the Supplier's behalf for their full price against all risks to the reasonable satisfaction of the Supplier. On request you shall produce the policy of insurance to the Supplier; and
12.1.3 hold the proceeds of the insurance referred to in condition 6 above on trust for the Supplier and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
12.1.4 If you are a business customer your right to possession of the goods shall terminate immediately if:
12.2 you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter 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 of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
12.3 you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or
12.4 you encumber or in any way charge any of the goods.
13. Business Customers - Cancellations and Returns
13.1 displays4media reserves the right at its sole discretion whether to accept the return of the goods or whether to rectify the goods or whether to issue a credit note in respect thereof.
13.2 All items returned to displays4media by pre-arrangement and found to contain no fault, will be subject to a 20% restocking charge, provided the goods are in original stock condition. Any downward variation of this restocking charge shall be at the sole discretion of displays4media.
13.3 displays4media will not accept goods for credit or rectification unless such return has been authorised by a director, and the goods are received by displays4media in stock condition, with original packaging. You shall unless otherwise stated be responsible for the cost of outward and return carriage and insurance of all goods returned to displays4media for service or credit. Risk will remain with you until goods are received in full to displays4media. The onus of proof of safe delivery shall rest with you.
13.4 No credit shall be allowed for goods until they have been received complete, unused and undamaged. A Full Credit will only be given on items returned within 14 Days from Purchase and agreed by a director. If a credit is to be given, the original carriage charge will not be refunded/credited.
14 . Consumer Purchase - Distance Selling Regulations 2000 - right to cancel
A ‘Consumer’ may be defined as any natural person who is acting for purposes that are outside his or her business. Please note that the Distance Selling Regulations 2000 do not apply to Business to Business transactions.
14.1 You have the right to cancel the contract at any time up to the end of 7 working days after you receive the goods
14.2 To exercise your right of cancellation, you must give written notice to displays4media by letter, fax or email, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.
14.3 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 shown above. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. We unconditionally reserve the right to not refund if the goods are not returned in perfect condition.
14.4 Once you have notified the Supplier that you are canceling the contract, the Supplier will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.
14.5 If you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods.
14.6 Goods may not be returned when made to the customer’s specification.
15. Liability and Indemnity
15.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
15.2 Subject to Section 16.1 above, displays4media will use reasonable endeavors to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website, we will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and we accept no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
15.3 Subject to Section 15.1 above, other than as expressly provided in these terms and conditions with respect to specific products, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
15.4 Subject to Section 16.1 above, displays4media will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any: · economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; or special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
15.5 Notwithstanding the above, subject to Section 15.1 we, displays4media’s aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.
15.6 This clause 7 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
15.7 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
16. Intellectual Property
16.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
17. Force Majeure
17.1Neither party shall be liable for any delay in performing or failure to perform its obligations hereunder to the extent that and for so long as the delay or failure results from any cause or circumstance whatsoever beyond its reasonable control (an "event of force majeure"), provided the same arises without the fault or negligence of such party and the affected party notifies the other party within two (2) working days of becoming aware of the same of such event of force majeure and the manner and extent to which its obligations are likely to be prevented or delayed, and provided also that the occurrence of any such event of force majeure shall not have the effect of discharging or postponing the affected party's payment obligations hereunder.
If any event of force majeure occurs, the date(s) for performance of the obligation(s) affected shall be postponed for so long as is made necessary by the event of force majeure provided that if any event of force majeure continues for a period of or exceeding 30 days, the non-affected party shall have the right to terminate any agreement governed by these Terms and Conditions forthwith on written notice to the affected party. Each party shall use its reasonable endeavors to minimise the effects of any event of force majeure.
18. Miscellaneous Provisions
18.1 The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of the town of Northampton. English is the only language offered for the conclusion of the contract.
18.2 To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
18.3 You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by displays4media.
18.4 displays4media reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
18.5 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
18.6 These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999) except:
a) Datco Consultants Limited, trading as displays4media, (as defined below) shall have the right to enforce any rights or benefits under these terms and conditions;
b) Datco Consultants Limited, trading as displays4media, shall have the right to enforce and take the benefit of the rights or benefits of any limitation or exclusion or limitation of liability in these terms and conditions;
c) a person who is a permitted successor or assignee of the rights or benefits of these terms and conditions may enforce such rights or benefits.
d) No consent from the persons referred to previously is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties).
18.7 No delay or failure by Datco Consultants Limited, trading as displays4media, to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of displays4media.
18.8 These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and us relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and Datco Consultants limited, trading as displays4media, for your use of this website.
We suggest you print these terms and conditions for reference purposes.
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