TERMS AND CONDITIONS
By placing an order, you are accepting the Terms and Conditions of the digitalmediastore web site.
Your
details
- When you register with the digitalmediastore web site, you will be required to choose a contact email address and password. You are responsible for
all sessions and transactions taken under these details. You should keep your password safe and not disclose it to anyone. You should change it immediately if you feel it has
been compromised.
- If any of your details change, such as your credit card billing address, you must inform digitalmediastore as soon as possible. You may update your
details by signing into your account on the digitalmediastore web site, and update the relevant section.
- 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.
The Contract Between Us
- Any contract for purchases made through the web site will be with
Bestbuy Holdings Limited, trading as digitalmediastore, registered in Guernsey, and whose registered office is PO BOX 140, Manor Place, St Peter Port, Guernsey, GY1 4EW, company
registration number 48906.
- digitalmediastore must receive payment of the whole of the price for the goods that you order before your order can be accepted, and the
contract formed. Payment is not taken until the point of despatch of the goods to you from our warehouse in Guernsey. Once payment has been received digitalmediastore will
confirm that your order has been despatched by sending an email to you at the email address you provide in your registration form. The shipment email will include your name, the
order number and the total price for the despatched goods. The contract will relate only to those goods whose despatch we have confirmed in the shipment email. We will not be
obliged to supply any other goods which may have been part of your order until the despatch of such goods has been confirmed in a separate shipment email. digitalmediastore‘s
acceptance of your order brings into existence a legally binding contract between us on these terms. Any term sought to be imposed by you in your order will not form part of the
contract.
- digitalmediastore are entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the goods appearing on our web site. If an
error or inaccuracy is discovered with regards to the advertised price of the goods that you have ordered before the contract is made (see (b) above) we will contact you as soon
as possible by email.
- The prices payable for goods are as set out in the web site, exclusive of VAT, and any duties and local taxes. If the shipping address is in the
UK, digitalmediastore will collect UK import VAT from you on behalf of the consignee where necessary. Consignments sent to the UK of a value of £18 or under are relieved from
import VAT under current legislation. For purchases by UK businesses, no evidence of payment of UK import VAT can be provided. Customers ordering for delivery outside of the UK
will be responsible for payment of any local taxes payable including VAT, and will be required to pay extra for delivery and clearance where necessary.
Withdrawal
By You From The Contract
If you are an individual and are not buying goods on behalf of a business, there are certain circumstances in which you may withdraw from the
contract and these are set out here. This right to withdraw does not apply to business buyers.
- You may withdraw your order for goods at any time up to the
end of the fourteenth working day after you have received the goods. You do not need to give digitalmediastore any reason for withdrawing your order nor will you have to pay any
penalty.
- The only circumstances in which you cannot withdraw your order are where you have taken the goods you have ordered (or the ones in relation to which you want to
withdraw) out of the sealed package in which they were delivered.
- To withdraw your order you must notify digitalmediastore in writing at the address set out in the
digitalmediastore returns section of this Web site.
- If you have received the goods before you withdraw your order then, unless you have lost your right to withdraw
because you have taken the goods out of their sealed package, you must send them back to the digitalmediastore contact address at your own cost and risk. If you withdraw your
order but digitalmediastore has already processed the goods for delivery and you have received them, you must not unpack the goods when they are received by you and you must
send the goods back to digitalmediastore at the digitalmediastore contact address at your own cost and risk as soon as possible.
- Once you have notified digitalmediastore
that you are withdrawing your order, any sum debited to digitalmediastore from your credit card will be re-credited to your account as soon as possible and in any event within
30 days of your order PROVIDED THAT the goods in question are returned by you and received by digitalmediastore in pristine condition, unopened and unused and returned in
accordance with our Returns Policy.
Availability Of Goods You Order
If digitalmediastore has insufficient stock to deliver the goods ordered by
you, we will notify you as soon as possible and any sum debited by digitalmediastore from your credit card will be re-credited to your account and digitalmediastore will notify
you by email at the address given by you in your order form. The refund will be made as soon as possible and in any event within 30 days of your order. digitalmediastore will
not be obliged to offer any additional compensation for disappointment suffered.
Our site contains a large number of goods and it is always possible that, despite our best
efforts, some of the goods listed on our site may be incorrectly priced. We will normally verify prices as part of our despatch procedures so that, where the goods correct price
is less than our web site price, we will charge the lower amount when despatching the goods to you. If the correct price for the goods is higher than the price stated on our web
site, we will normally, at our discretion, either contact you for instructions before despatching the goods, or reject your order and notify you of such
rejection.
digitalmediastore tries as hard as possible to ensure information relating to goods and services is current and accurate. However we cannot always guarantee
that our suppliers have not changed their product specifications. digitalmediastore will do its best to correct errors and omissions as quickly as practicable after being
notified of them.
Delivery Of Goods To You
- digitalmediastore will post the goods ordered by you to the person and address you give digitalmediastore
at the time you make your order. The consignee (i.e. the person to whom the consignment is sent) will be the declarant and importer into the country for which the consignment is
destined. For non-UK destinations, the consignee will be responsible for both customs clearance and payment of customs duties and local taxes where required. Each item ordered
will be treated as a separate sale and will be shipped and paid for separately.
- Delivery will be made as soon as possible after your order is accepted and in any event
within 30 days of despatch of the order. All delivery times quoted on the web site are estimates only, based on availability, normal processing and delivery
companies.
- You will become the owner of the goods you have ordered when the goods are despatched to you from our premises in Guernsey.
Customs
charges
If you are ordering goods for delivery outside of the UK, please note that your consignment may be subject to import duties and taxes, which are levied once the
goods reach the country of destination. Any such charges levied in relation to customs clearance must be borne by you. It is accepted by you that digitalmediastore has no
control over additional charges in relation to customs clearance. digitalmediastore recommend that you check with your local customs officials or post office for more
information regarding importation taxes / duties that may be applicable to your on-line order. You will be the importer of record and responsible for any import VAT and duty
that may be borne. In addition, any charges for import clearance will be borne by you, the customer.
Please note that when shipping goods from Guernsey, cross border
shipments may be subject to opening and inspection by customs authorities. In respect of all goods despatched to you to an address outside of Guernsey, you are deemed to be the
importer of the goods and must therefore comply with all the laws and regulations of the country into which the goods are being delivered.
Liability
This is as
follows:-
- If the goods digitalmediastore delivers are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity,
digitalmediastore shall have no liability to you unless you notify digitalmediastore via email (info@digitalmediastore.co.uk)
of the problem within 7 working days of the delivery of goods in question (delivery shall be deemed to have taken place 5 working days after despatch).
- If you do
not receive goods ordered by you within 15 working days (starting from the third working day after despatch) of the date on which they were despatched to you, digitalmediastore
shall have no liability to you unless you notify digitalmediastore via email (info@digitalmediastore.co.uk) of the problem
within 20 working days of the date on which the goods were despatched to you.
- If you notify a problem to digitalmediastore under this condition, digitalmediastore's only
obligation will be, at its option:- to make good any shortage or non-delivery; to replace or repair any goods that are damaged or defective; or to refund to you the amount paid
by you for the goods in question to the original method of payment.
- digitalmediastore will not be liable to you for any indirect or consequential loss or damage arising
out of any problem you notify to digitalmediastore under this condition and digitalmediastore shall have no liability to pay any money to you by way of compensation other than
to refund to you the amount paid by you for the goods in question under paragraph (c) above.
- All dates shown on this website and used in email communication are based on
working days.
- Nothing in this condition is, however, intended to limit any rights you might have as a consumer under applicable local law that may not be
excluded nor in any way to exclude or limit digitalmediastore's liability to you for any death or personal injury resulting from its negligence.
Nothing in this
contract creates any right which is enforceable by any person who is not a party to the contract.
Force Majeure
digitalmediastore shall have no liability to you
for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond its
reasonable control.
Invalidity
If any part of these conditions is unenforceable (including any provision in which digitalmediastore excludes its liability to you)
the enforceability of any other part of these conditions will not be affected.
Complaints
digitalmediastore operate a complaints handling procedure which is used
to try to resolve disputes when they first arise. If you have a complaint, please contact the Customer Service department at the following address:
digitalmediastore Customer Service
c/o PO Box 461
Epsom
KT17 9AD
Governing Law
The contract between us shall be governed by and
interpreted in accordance with Guernsey law, and the Guernsey courts shall have jurisdiction to resolve any disputes between us.
Entire Agreement
These terms and
conditions, together with the current digitalmediastore Web site prices, delivery details and digitalmediastore contact details, set out the whole of our agreement relating to
the supply of the goods to you by digitalmediastore. These terms and conditions cannot be varied except in writing signed by a director of digitalmediastore. In particular
nothing said by any sales person on behalf of digitalmediastore should be understood as a variation of these terms and conditions or as an authorised representation about the
nature or quality of any goods offered for sale by digitalmediastore. digitalmediastore shall have no liability for any such representation being untrue or
misleading.
Interpretation
In these terms and conditions:-
' digitalmediastore ' means Bestbuy Holdings Limited, trading as digitalmediastore of PO Box 140,
Manor Place, St Peter Port, Guernsey, GY1 4EW, any connected organisation that actually supplies goods ordered by you and any successor to its business;
'working day'
means every day of a calendar year apart from weekends and statutory and public holidays;
'us' means digitalmediastore and you together; and
'you' and 'your' means
the person ordering goods under these terms and conditions.
Last Updated: January 19th 2010 13.21 PM