1.1 In these T&C’s the following words are explained as follows:
Company : DIMAY.co.uk operated by DIMAY Europe SL. ,
email@example.com - register number : 55991386 - VAT number : NIF/CIF B93371326 - UK VAT Number : xxxxxxxxxxxxxxx
Buyer : the Person, Firm or Company for whom an order to supply goods is received by the Company.
Buyer Materials : any Documents or other Materials and any Data or other Information provided by the Buyer relating to the goods.
Company Materials : any documents or other materials and any data or other information provided by the Company relating to the goods.
Conditions : the Standard Terms & Conditions of sale as set out in this document, together with any special Conditions agreed in writing between the Buyer and the Company.
Contract : any contract between the Company and the Buyer for the sale of goods.
Delivery Point : the place where delivery of the goods is to take place under Condition 4.1
Goods : any goods (or parts thereof) to be supplied to the Buyer by the Company.
The products offered in the online store are aimed at entrepreneurs. Any entrepreneur is considered to be any individual or legal entity that acts in the framework of their professional or business activity, whether public or private.
1.2 In these Conditions references to any statue or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced. References to the masculine include the feminine and the neuter and to the singular include the plura and vice versa as the context requires and headings will not affect the construction of these Conditions.
2. Application of Terms
2.1 These conditions apply to all the Company’s Sales of Goods and any variation of these Conditions and any representations about the Goods shall have no affect unless expressly agreed in writing and signed by a Director of the Company.
2.2 No terms or conditions enclosed upon, delivered with or contained in the Buyer’s purchase order confirmation of order or other document will form part of the Contract simply as a result of such document being referred to in the Contract.
2.3 Each order for Goods by the Buyer from the Company shall be deemed to be an offer by the Buyer to purchase Goods subject to these Conditions.
2.4 Orders should be sent by email, fax or mail and should state the Buyer’s relevant order number. Verbal orders will be accepted but the Buyer will be responsible for any errors of description or quantity or date of delivery in goods supplied thereunder.
2.5 No order placed by the Buyer shall be deemed to be accepted by the Company until the Company sends an Order Acknowledgement or (if earlier) the Company delivers the Goods to the Buyer.
2.6 The Buyer must ensure that the terms of any order or related document are complete and accurate.
3.1 The description of the Goods shall be as set out in the Company’s website and pricelist.
3.2 All descriptive matter and advertising issued by the Company and any descriptions or illustrations contained in the Company’s documentation are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They will not form part of this Contract.
3.3 The Buyer should always ensure that the Goods ordered are suitable for the intended purpose before commencing installation.
4.1 Unless otherwise agreed in writing by the Company delivery of the Goods shall take place at the address detailed on the Buyer’s order.
4.2 Any dates specified by the Company for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice.
4.3 Subject to the other provisions of these Conditions the Company will not be liable for any loss including loss of profit, loss, damages, charges or expenses caused directly or indirectly by any delay of the delivery of the Goods (even if caused by the Company’s negligence) nor will any delay entitle the Buyer to cancel the contract. If for any reason the Buyer will not accept delivery of any of the goods, or the Company is unable to deliver the goods on time because the Buyer has not provided appropriate instructions, documents, licences or authorisations, risk in the goods will pass to the Buyer including loss or damage caused by negligence) the Goods will be deemed to have been delivered and the Company may store the Goods until delivery whereupon the Buyer will be liable for all related costs and expenses (including without limitation storage and insurance.
4.4 The Buyer will provide at its expense at the delivery point adequate and appropriate equipment and manual labour for unloading the goods.
4.5 The Company may deliver the Goods by instalments and each instalment shall be treated as a separate Contract so that failure to deliver or defects on one or more instalment shall not entitle the Buyer to reject the other instalments.
4.6 In the event that we order special products for you, the buyer is obliged to pay the remaining amount of the goods immediately upon arrival, so that we can send the goods to the customer. In case of late payment, storage and administration costs of 70 € per pallet with a maximum height of 160 cm per week will be charged.
5. Non Delivery
5.1 The quantity of any consignment of Goods as recorded by the Company upon despatch from the Company’s place of business shall be conclusive evidence of the quantity received by the Buyer.
5.2 The Company shall not be liable for any non delivery of Goods even if caused by the Company’s negligence unless written notice is given to the Company within 3-days of the date when the Goods would in the ordinary course of events have been received.
5.3 Any liability of the Company for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rate Contract rate against any invoice raised for such Goods.
6.1 The Goods are at the risk of the Buyer from the time of delivery
6.2 Ownership of the Goods shall not pass to the Buyer until the Company has received in full in cash or cleared funds all sums due to it from the Buyer on any account.
6.3 Until ownership of the Goods has passed to the Buyer, the Buyer must hold the Goods on a fiduciary basis as Company’s bailee, store the Goods (at no cost to the Company) separately from all other goods in such a way that they remain readily identifiable at the Company’s property, not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods; maintain the Goods in satisfactory condition insured on the Company’s behalf for their full price against all risks to the reasonable satisfaction of the Company (On request the Buyer shall produce the policy of insurance to the Company and hold the proceeds of the insurance referred to in on trust for the Company and not mix them with any other money, nor pay the proceeds into an overdrawn bank account).
6.4 The Buyer may resell the Goods before ownership has passed to it on the following conditions:-
6.41 Any sale shall be affected in the ordinary course of the Buyer’s business at full market value and
6.4.2 Any such sale shall be a sale of the Company’s property on the Buyer’s own behalf and the Buyer shall deal as principal when making such a sale.
6.5 If the Buyer resells any of the Goods on a retail basis it will be responsible for complying with all applicable laws and for the provision of proper labels and instructions as requested by the Department of Trade and Industry and/or any other authority for the time being empowered to make any requirements as to the sale or installation of such Goods.
6.6 The Buyer’s right to possession of the Goods shall terminate immediately if :
6.6.1 The Buyer has a bankruptcy order made against him or makes an arrangement or composition with his creditors or otherwise takes the benefit of any relief for insolvent debtors, or (being a budy corporate) convenes a meeting of creditors (whether formal or informal) or enters into liquidation except a solvent voluntary liquidation for the purpose of reconstruction or amalgamation or has 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 the winding up of the Buyer or for the granting of administration order in respect of the Buyer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Buyer, or
6.6.2 The Buyer suffers or allows any execution, whether legal or equitable to be levied on his/it’s property or obtained against him/it, or fails to observe/perform any of his/its obligations under the Contract or any other contract between the Company and the Buyer or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Buyer ceases to trade or
6.6.3 The Buyer encumbers or in any way charged any of the Goods.
6.7 The Company shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from the Company.
6.8 The Buyer grants the Company its agents and employees an irrevocable licence at any time to enter any premises where the Goods are or may be stored in order to inspect them, or where the Buyer’s right to possession has terminated to recover them.
7.1 Unless otherwise agreed by the Company in writing (and except in cases of obvious error) the price for the Goods shall be the price set out on the Company’s website as in force at the date of invoice.
7.2 The Company reserves the right, by giving notice to the Buyer to increase the price of the Goods to reflect any increase in the cost to the Company which is due to any factor beyond the control of the Company any change in delivery dates or guarantees specified by the Buyer on any delay caused by the instructions of the Buyer or failure of the Buyer to provide adequate information or instructions.
7.3 The price for the Goods shall be inclusive of value added tax where stated which shall be paid at the rate and in the manner for the time being provided by law.
7.4 Carriage will be paid by the Company on Goods bought in accordance with its recurrent conditions for delivery on the UK mainland. Further charges may apply where alternative delivery terms are agreed.
7.7 A minimum handling charge of £2.99 will be added to orders with a Goods value of less than the current minimum order value stipulated by the Company’s Sales Office from time to time.
8.1 No payment shall be deemed to have been received until the Company has received cleared funds.
8.2 All payments payable to the Company under the Contract shall become due immediately upon termination of this Contract despite any other provision.
8.3 The Buyer shall make all payments under the Contract without any deduction whether by way of set-off, counterclaim, discount abatement or otherwise unless the Buyer has a valid Court Order requiring an amount equal to such deduction to be paid by the Company to the Buyer.
8.4 If the Buyer fails to pay the Company any sum due pursuant to the Contract the Buyer will be liable to pay interest to the Company on such sum from the due date for payment at the annual rate of 5% above the base lending rate published from time to time by the Bank of England accruing on a daily basis until payment is made whether before or after any judgement.
9.1 The Company warrants that (subject to the other provisions of these Conditions, upon delivery, the Goods will be of satisfactory quality within the meaning of the Sale of Goods Act 1979.
9.2 The Company shall not be liable for a breach of the Warranty in Condition 9.1 unless the Buyer gives written notice of the defect to the Company and if the defect is as a result of damage in transit) to the carrier within 7 days of delivery, and the Company is given a reasonable opportunity after receiving the notice of examining such Goods and the Buyer if asked to do so by the Company) returns such Goods to the Company’s place of business at the Buyer’s expense for the examination to take place.
9.3 If we accept thst the goods may be returned, we will issue you with a returns number and address.
9.3.1 Please gather the item(s) you wish to return, including all packaging and, if possible, the original shipping box, stating the ruturns number given. Refunds for the purchase price (does not include p&p) will be issued for products returned in perfect condition and in their original packaging
9.3.2 Please note that the returned goods are your responsibility until they reach us. We cannot be held responsible for any goods lost in transit to us
9.3.3 The Company will only pay the postage price for any goods that need to be resent due to a fault on our behalf.
9.4 Returns within 14 days
9.4.1 Unwanted items or orders placed in error are covered by our 14-day money-back guarantee, so just return them to us unused, in their original undamaged packaging, in a saleable condition, with your receipt and we will give you a credit / refund.
9.4.2 If you do not have your receipt, as long as you have a proof of purchase we will exchange the item or give you a refund
9.4.3 Please ensure you enclose a covering letter detailing your Name, Order Reference Number, A postal receipt (if applicable to receive a postal refund), the issue(s) and the desired action i.e. replacement, credit or a refund.
9.5 Faulty goods
9.5.1 If your goods have arrived with a manufacturing defect, or are inherently faulty, please return the goods to us within 14 days of receipt where we will be happy to process an exchange (where possible).
9.5.2 Incorrect/faulty goods must be returned to us before replacements are sent out.
9.5.3 Within 36 months of the delivery date, if there is a fault with your product, we will normally offer a prompt repair, exchange, credit or refund (credit to include original postage).
9.5.4 To qualify for a refund or exchange the faulty product must be free of faults caused by accident, neglect, misuse or normal wear and tear.
9.5.5 We test every item returned to us, once received it will be inspected and tested rigorously by our technicians. A replacement will be authorised should a fault be found.
9.5.6 In the event of a replacement not being available an alternative product will be offered or a credit note issued, in certain circumstances a full refund will be offered.
9.5.7 If no fault can be found by our test centre, the item will be returned to you at your expense.
9.6 For damaged goods
9.6.1 If any item arrives damaged please contact our customer service team within 2 days of delivery for a replacement order.
9.6.2 Items not claimed as damaged after this period may not be authorised for replacement.
9.6.3 Incorrect/faulty goods must be returned to us before replacements are sent out.
9.7 Incorrect items
9.7.1 If the item we have sent you is incorrect or different to that stated on your invoice, please return the item to us within 14 days where we will be happy to process an exchange (where possible) or refund.
9.7.2 If you notify a problem to DIMAY under this condition, our only obligation will be, at its option:
to make good any shortage, mispick or non-delivery; or to refund to you the amount paid by you for the goods in question to the original method of payment.
9.7.3 DIMAY will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to DIMAY under this condition and DIMAY 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.
9.7.4 All goods returned will be inspected for damage and authenticity upon receipt, if DIMAY discovers any defects, we reserve the right to refuse to refund or replace and return the item(s) to you.
9.8 Overseas orders
9.8.1 When ordering goods from The Company for delivery overseas, you may be subject to import duties and taxes once a shipment reaches your Country.
9.8.2 The additional charge for customs clearance is down to the recipient’s responsibility and we have no control over these charges. Customs policies vary widely from Country to Country and you should contact your local customs office for further information.
9.9. Warranty, In case of warranty, the buyer is obliged to return the defective goods at his own expense to "Dimay" to the warehouse in Spani. The refurbished or exchanged product will then be sent back to the buyer on Dimay´s cost.
10 Limitation of Liability -
Attention is drawn to the provisions of this Condition
10.1 Subject to Condition 9. the following provisions of this Condition 10 set out the entire financial liability of the Company including any liability for the acts or omissions of its employees, agents and sub-contractors) in respect of any breach of these Conditions and any representation, statement or tortinus act or omission including negligence arising under or in connection with the Contract.
10.2 All terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law excluded from that Contract.
10.3 Nothing in these Conditions excludes or limits the liability of the Company for death or personal injury caused by the Company’s negligence or for fraudulent presentation.
10.4 Subject to Conditions 10.2 and 10.3
10.4.1 The Company’s total liability in contract tort (including negligence or breach of statutory duty, misrepresentation or otherwise arising in connection with the performance or contemplated performance of this Contract shall be limited to the price paid by the Buyer and
10.4.2 The Company shall not be liable to the Buyer for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill otherwise) costs, expenses or other claims for consequential compensation (howsoever caused which arise out of or in connection with the Goods.
10.5 The Buyer warrants that any installation of the goods will be performed by properly trained staff and agrees that it shall be solely responsible for any use to which the Goods are put after delivery.
11. Intellectual Property
11.1 The property and any copyright or other intellectual property rights in any Buyer Materials shall belong to the Buyer and any Company Materials shall, unless otherwise agreed in writing between the Buyer and the Company belong to the Company subject only to a licence in favour of the Buyer to use the Company Materials for the purposes of receiving the Goods.
12 Force Majeure
The Company reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including without limitation acts of God, governmental actions, war or national emergency, riot, civil commotion, fire explosion, flood, epidemic, lock-outs, strikes or other about disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.
13.1 Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.
13.2 If any provision or part of a provision of the Contract is found by any court or other body of competent jurisdiction to be illegal invalid void, voidable, unenforceable or unreasonable it shall be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
13.3 Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract will not be constituted as a waiver of any of its rights under the Contract. Any waiver by the Company of any breach of or any default under any provision of the Contract by the Buyer will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.
13.4 The parties to this Contract do not intend that any term of this Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
13.5 The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Company. The Company may assign the Contract or any part of it to any person, firm or company.
13.6 The formation, existence, construction, performance, validity and all aspects of the Contract shall be deemed by English Law and the parties submit to the jurisdiction of the English Courts.
DIMAY.co.uk - LEGAL DISCLAIMER
1. USE OF WEBSITE
1.1 You are permitted to use our website for your own purposes and to print and download material from this Website provided that you do not modify any content without our consent. Material on this website must not be republished online or offline without our permission.
1.2 The copyright and other intellectual property rights in all material on this Website are owned by DIMAY or our licensors and must not be reproduced without our prior consent.
1.3 Subject to paragraph 1.1, no part of this Website may be reproduced without our prior written permission.
2. VISITOR CONDUCT
2.2 When using this website you shall not post or send to or from this Website any material for which you have not obtained all necessary consents, is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
3. SITE UPTIME
3.1 We take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if this website is unavailable at any time.
4. LINKS TO AND FROM OTHER WEBSITES
4.1 Any links to third party websites located on this Website are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content.
4.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website and you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us.
4.3 If you choose to link to our website in breach of Paragraph 4.2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.
5. EXCLUSION OF LIABILITY
5.1 We take all reasonable steps to ensure that the information on this Website is correct. However, we do not guarantee the correctness or completeness of material on this Website. Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liability or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss.
6. LAW AND JURISDICTION
6.1 This Legal Notice shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of England and Wales.
This disclaimer details our obligations to you regarding our website. This disclaimer has been provided and approved by legal forms provider LegalCentre.co.uk. Please read this disclaimer in full before you use this Website. Using the Website implies that you accept the terms of this disclaimer. We do occasionally update this disclaimer so please refer back to them in the future.
1. INFORMATION COLLECTION
Operation of this site may require collection and processing of the following data:
1.1 Visit details to our site or any resources used on our site are not limited to just location and traffic data, weblogs or other communication information.
1.2 Information given to us when you contact us for any reason.
1.3 Data offered by filled out forms on our site, like a registration or purchase.
1.4 We do not store or collect any financial details on our website as it is all processed through our preffered merchant .
2.1 Our advertisers and us may have the occasion to collect information in regards to your computer for our services. The information is gained in a statistical manner for our use or advertisers on our site.
2.2 Data gathered will not identify you personally. It is strictly aggregate statistical data about our visitors and how they used our resources on the site. No identifying personal information will be shared at any time via cookies.
2.3 Close to the above, data gathering can be about general online use through a cookie file. When used, cookies are automatically placed in your hard drive where information transferred to your computer can be found. These cookies are designed to help us correct and improve our site’s services or products for you.
2.4 You may elect to decline all cookies via your computer. Every computer has the ability to decline file downloads like cookies. Your browser has an option to enable the declining of cookies. If you do decline cookie downloads you may be limited to certain areas of our site, as there are parts of our site that require cookies.
2.5 Any of our advertisers may also have a use for cookies. We are not responsible, nor do we have control of the cookies downloaded from advertisements. They are downloaded only if you click on the advertisement.
3. YOUR INFORMATION AND HOW IT IS USED
Primarily, we collect and store data about you to help us provide better service and products to you. The following are purposes we may use your information for:
3.1 At anytime you request information from us via a form or other electronic transmission we may use your information to fulfil that request relating to our services and products. We may also communicate with you on other products or services you may find of interest, only when consent has been provided.
3.2 Contracts we make with you create a commitment, which may require contact or use of your information.
3.3 We have the right to notify you of changes to our website, products or services that could affect our service to you.
3.4 Information on products or services similar to those of an existing consumer purchase may be communicated to you. The information sent to you in a communication will be similar to the subject of a recent sale.
3.5 We may also use your information or allow a third party use of this data, to offer you information about unrelated products or services you may be interested in. We or third parties can only communicate if you have consented to such communication and data use.
3.6 New consumers can be contacted by our website or third parties only if consent has been granted, and only for those communications you have granted.
3.7 An opportunity for declining your consent is provided on our site. Use this opportunity to withhold your details from us or third parties, regarding data we may collect.
3.8 Be aware we do not reveal identifiable information about you to our advertisers, though we may at times share statistical visitor information with our advertisers.
4. STORAGE OF PERSONAL DATA
4.2 Information submitted by you is stored on secure servers we have. Any payment or transaction details will be encrypted for full safety measures to be in use.
4.3 As you know, transmission of data on the internet is never guaranteed regarding safety. It is impossible to guarantee your safety with electronic data and transmission. You are therefore at your own risk if you elect to transmit any data. When offered you may create a password, but you are responsible for keeping it confidential.
5. INFORMATION SHARING
5.1 If necessary, we may share personal information to our group members including such entities as subsidiaries, holding companies and their subsidiaries. Information is shared only when applicable.
5.2 Third party disclosure may be necessary in regards to personal information:
5.2.1 A sale of our business or its assets, in full or part, to a third party may require personal data sharing.
5.2.2 Legally, we may be asked to share and disclose data details.
5.2.3 To assist in reducing credit risk and fraud protection.
6. THIRD PARTY LINKS
7. ACCESSING INFORMATION
The Data Protection Act 1998 provides you with the right to access the information that we collect about you. Please note any demand for access may be subject to a fee of £10 which covers our costs in providing you with the data requested. The contact information below needs to be used to request access about details we collect and store on you.
8. CONTACTING US