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.
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 as set out in clause 8. 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, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 We operate the website www.digitalsignshop.co.uk (our site). We are Elev8 Media Ltd t/a Digital Sign Shop with our registered office at 40 Centenary Business Centre, Hammond Close, Nuneaton, Warwickshire, CV11 6RY. Registration Number 12294433. Our main trading address is Ash Green Lane, Coventry, CV7 9AJ. Our VAT Number is: 350 0123 64.
1.2 To contact us, please see our contact page.
2. OUR PRODUCTS
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the correct image, due to the volume of images on our website, errors may arise. Therefore we do not warrant that the image is correct, complete or corresponds to the description of the Product. Please note that colours may vary from the images. We reserve the right to remove or amend an image at any time.
2.2 The Products are compliant for sale in the UK and Republic of Ireland. We do not represent that the Products are compliant for sale and/or use in other countries.
2.3 All Products shown on our site are subject to availability. We will inform you as soon as possible if the Product you have ordered is not available and we will not process your order if made.
2.4 All Products shown on our https://digitalsignshop.co.uk website are intended for the consumer and business professional.
2.5 Certain Products on our sites can only be purchased if you satisfy the legal age requirement for that product. We are not allowed by law to supply these Products to you if you do not satisfy these age requirements. If you are underage, please do not attempt to order these Products through our site.
3. USE OF OUR SITES
Your use of our sites is governed by our Terms of Website Use. Please take the time to read this, as it includes important terms which apply to you.
4. HOW WE USE YOUR PERSONAL INFORMATION
5. IF YOU ARE A CONSUMER
This clause 5 only applies if you are a consumer.
5.1 If you are a consumer, you may only purchase Products from our https://digitalsignshop.co.uk website if you are at least 18 years old.
5.3 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.
6. IF YOU ARE A BUSINESS CUSTOMER
This clause 6 only applies if you are a business customer.
6.1 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.
6.3 We reserve the right to suspend or cancel your account if you breach these Terms.
7. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
7.1 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.
7.2 After you place an order, you will receive confirmation 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 7.3.
7.3 We accept your order by dispatching your order to you. The Contract between us will only be formed when we dispatch your order to you.
7.4 If we are not able to dispatch all the Products in your order at one time due to operational reasons or shortage of stock, we will dispatch the Products in instalments. We will not charge you extra delivery costs for this. Each instalment will constitute a separate Contract governed by these Terms.
7.5 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 12.6, we will inform you of this and we will not process your order.
8. OUR RIGHT TO VARY THESE TERMS
8.1 We may revise these Terms from time to time without notice to you.
8.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
8.3 Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this.
9. YOUR CANCELLATION AND REFUND RIGHTS IF YOU ARE A CONSUMER
This clause 9 only applies if you are a consumer.
9.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 9.3. 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.
9.2 However, this cancellation right does not apply in the case of:
(a) any made-to-measure, custom-made or special order products;
(b) any product which has a security seal which you have opened or unsealed;
(c) any product which, for hygiene purposes, cannot be returned which includes:
– flushing solutions
9.3 Your legal right to cancel a Contract starts from the date the Products are dispatched to you, 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) days in which you may cancel, starting from the day after the day you receive the Products.
9.4 In addition to your legal right to cancel as set out in clause 9.3, you may be able return any unwanted Products within 28 days of when the Contract is formed between us.
9.5 To cancel a Contract or return a Product you should email firstname.lastname@example.org. You must provide the serial number and reason for your return. You may wish to keep a copy of your cancellation notification for your own records.
9.6 You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for up to the value of our standard delivery. You will be responsible for the cost of returning the Product to us. We will process the refund due to you as soon as possible and, in any case, within 14 days of the day on which you gave us notice of cancellation. If you returned the Products to us because they were faulty or mis-described, please see clause 9.8.
9.7 We refund you on the credit card or debit card used by you to pay.
9.8 If the Products were delivered to you:
(a) you must return the Products to us at your own risk as soon as reasonably practicable;
(b) unless the Products are faulty or not as described (in this case, see clause 9.6), 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.
9.9 If you fail to return the Products to us in their original condition, including outer packaging, unused and in perfect saleable condition, you will not receive a refund. If you are unable to return the Product to us we may arrange collection and the cost of the collection will be deducted from your refund.
9.10 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 this returns policy. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
10 CANCELLATION AND REFUNDS RIGHTS IF YOU ARE A TRADE CUSTOMER
This clause 10 only applies if you are a trade customer.
10.1 If you are a trade customer and you are not pleased with your purchase for any reason we may agree to its return subject to the following conditions:-
(a) You will inform us of your intention to return the product by emailing email@example.com and referencing the serial number and reason for return. An RMA reference will then be provided.
(b) The Products must be returned to us with 28 days of delivery to you.
(c) The Products must be returned in their original condition, including outer packaging, unused and in perfect saleable condition;
(d) The restrictions set out in clause 9.2 above equally apply to you.
(e) You should return the Product at your own cost to the address set out in the footer of our website and ensure you display the RMA number. You are responsible for ensuring that the Product arrives safely to us so we strongly recommend that you return the Product to us by tracked and recorded post. We will not be responsible for any loss or damage to Products whilst being returned to us. We can arrange collection, however, we will deduct our costs from any refund due.
11.1 Delivery options/details are referenced prior to check-out during the online ordering process.
11.2 Delivery will be completed when we deliver the Products to the address you gave us. We reserve the right not to deliver your Order if we consider the address is not secure, for example, to a communal address or PO box.
11.3 If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery.
11.4 The Products will be your responsibility from the completion of delivery.
11.5 You own the Products once we have received payment in full, including all applicable delivery charges. Until payment has been received in full by us, you will hold the Products on a fiduciary basis as our bailee and you will safe guard the Products at all times. If, before ownership to the Products passes to you, you delay or suspend, or threaten to delay or suspend payment of your debts ( to us or any other third party), or you are unable to pay your debts as they fall due or you admit your inability to pay your debts, or (being a company) you are deemed unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986, or (being an individual) you are deemed either unable to pay your debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986, or (being a partnership) has any partner to whom any of the foregoing apply, then, provided the Products have not been resold, and without limiting any other right or remedy that we may have, we may at any time require you to deliver up the Products to us and, if you fail to do so promptly, you permit us to enter any premises of yours or of any third party where the Products are stored in order to recover them.
11.6 Claims for loss or damage to goods in transit cannot be accepted unless the Company is advised within 48 hours of receipt of goods in the case of damage. We will have the goods returned to us and pay the cost of the return shipping if we are advised within the 48 hours. The Company must be informed in writing within 14 days of the date of invoice in the case of loss. The Company will not entertain claims made outside the stated time limits and any loss or damage will be deemed to have occurred after delivery to you.
12. PRICE OF PRODUCTS AND DELIVERY CHARGES
12.1 The prices of the Products will be as quoted on our site and which may change from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 12.6 for what happens in this event.
12.2 Prices for our Products may change from time to time, but changes will not affect any order which we have dispatched to you.
12.3 The price of a Product for our consumers only includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect. The price of a Product for our trade customers excludes VAT.
12.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to our Delivery page.
12.5 Promotions and prices available on this website may differ or not be available in our stores and vice versa.
12.6 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 could have reasonably been recognised by you as a mis-pricing, we do not have to provide the Products to you at the incorrect (lower) price. We may at times discover that goods have been incorrectly priced after the goods have been dispatched and therefore cannot give you the option of cancelling the order.
13. HOW TO PAY
13.1 You can only pay for Products using a debit card or credit card. We accept the following cards: Visa, Mastercard and American Express.
13.2 Subject to clause 13.3, where your order is placed through our website or telephone, payment for the Products ordered and all applicable delivery charges will be charged to your debit or credit card on dispatch of the Products.
13.3 Payment for orders for custom-made, special order or bespoke Products (whether delivered direct to you from our suppliers or through our distribution centre) will be charged to your debit or credit card at the time you place your order.
13.4 Time for payment is of the essence.
14. MANUFACTURER GUARANTEES
14.1 Some of the Products we sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Products. Your failure to comply with the manufacturer’s terms and conditions will invalidate your ability to rely on the guarantee.
14.2 If you are a consumer, a manufacturer’s guarantee is in addition to your 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.
15. OUR LIABILITY IF YOU ARE A BUSINESS
This clause 15 only applies if you are a business customer.
15.1 We only supply Products for internal use by your business and you warrant and agree that you and those under your control and/or direction are competent and qualified in using the Products , that you are purchasing the Products strictly on a business to business basis and you agree to use and/or sell the Product lawfully and for any re-sale purposes. We will not be liable for any injury, loss, damage, costs or expenses caused by unqualified persons using the Products.
15.2 Nothing in these Terms limit or exclude our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or any other liability which we cannot exclude or limit in law.
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 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
16.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16.3 We do not in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or any other breach which we cannot exclude or limit in law.
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 wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail or by pre-paid post to Digital Sign Shop, Ash Green Lane, Coventry, CV7 9AJ and/or firstname.lastname@example.org . We will confirm receipt of this by contacting you in writing, normally by e-mail. If you are a consumer and exercising your right to cancel under clause 9, please see that clause 9 for how to tell us this.
18.3 If we have to contact you or give you notice in writing, we will do so by e-mail, by telephone, by SMS/text or by pre-paid post to the address you provide to us in your order.
18.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served 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.
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.
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.
19.7 If you are a business, these Terms are governed by English law. This means that 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), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.