Diamondjack - Terms and Conditions of Sale.
1. Definitions.
1.1. "Buyer" means the person who buys or agrees to buy the Goods from the Seller.
1.2. "Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the seller.
1.3. “Delivery Date” means the date specified by the Seller when the Goods are to be delivered.
1.4. "Goods" means the articles which the Buyer agrees to buy from the Seller.
1.5. "Price" means the price for the Goods excluding carriage, packing, insurance and VAT.
1.6. "Seller" means Diamondjack which has registered premises in Three Legged Cross in the county of Dorset.
2. Conditions Applicable
2.1. These conditions shall apply to all contracts for the sale of Goods by the seller to the Buyer to the exclusion of all other terms or conditions which the Buyer may purport to apply under any purchase order confirmation of order or similar document.
2.2. All orders for Goods shall be deemed to be an offer by the buyer to purchase Goods pursuant to these Conditions.
2.3. Acceptance of delivery of Goods shall be deemed conclusive evidence of the Buyers acceptance of these Conditions.
2.4. Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing with the seller.
3. The price, payment and Credit Card Security.
3.1. When the order is placed at our website, credit card numbers are managed by our Secure Payment Service Provider. Your credit card details are never downloaded or printed and are not held in clear text on any web site.
3.2. The Price shall be the Sellers quoted price. The Price is exclusive of VAT which shall be due at the rate ruling on the date of the Sellers invoice.
3.3. For orders made from the UK other than the Channel Islands, then 20% VAT is added. All other orders are VAT free.
4. The Goods.
The quantity and description of the Goods shall be to the best of the company’s ability as set out in the Sellers Quotation or on screen description.
5. Warranties and Liability.
5.1 The Seller warrants that the Goods will at the time of delivery correspond to the description given by the seller. Except where the buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 Section 12) all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the Goods whether implied by statute or common law or otherwise are excluded.
5.2. It is the responsibility of the Buyer to return any faulty Goods sufficiently packaged so as to avoid damage, with the original documentation to the Sellers address shown at clause 1.6 above. No refund will be given until the Goods are returned as aforesaid.
6. Delivery of Goods.
6.1. Delivery of Goods shall be made to the Buyers address or as instructed by the Buyer on the Delivery Date. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
6.2. While the Seller will endeavour to deliver by any date or within any periods agreed upon such dates and periods are estimates only given in good faith and the Seller will not be liable for any failure to deliver by such a date or within such a period.
6.3. If your item is not in stock, we will back order for you. You will always be emailed with the option to cancel your order if you would rather not wait.
7. Acceptance of Goods.
7.1. The Buyer shall be deemed to have accepted Goods 24 hours after delivery to the buyer.
7.2. After acceptance the Buyer shall not be entitled to reject the Goods which are not in accordance with the Contract.
8. Title and Risk.
8.1. The Goods shall be at the Buyers risk as from delivery.
8.2. In spite of delivery having been made property in the Goods shall not pass from the Seller until:
8.2.1 The buyer shall have paid the price plus VAT in full; and
8.2.2 No further sums whatever will be due from the Buyer to the Seller,
8.3. Until property in the Goods passes to the Buyer in accordance with clause 8.2 the buyer shall hold the Goods and each of them on a fiduciary basis as bailee to the Seller. The Buyer shall store the Goods (at no cost to the Seller) separately from all other Goods in its possession and marked in such a way that they are clearly identified as the Sellers property.
8.4. Notwithstanding that the Goods (or any of them) remain the property of the Seller the Buyer may sell or use the Goods in the ordinary course of the Buyers business at full market value for the account of the Seller. Any such sale or dealing shall be a sale or use of the Seller's property by the Buyer on the Buyer's own behalf and the Buyer shall deal as principal when making such sales or dealings. Until property in the Goods passes from the Seller the entire proceeds of sale or otherwise of the Goods shall be held in trust for the Seller and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as the Sellers money.
8.5. The Seller shall be entitled to recover the Price (plus VAT) notwithstanding that the Property in any of the Goods has not passed from the Seller.
8.6. Until such time as property in the Goods passes from the Seller to the Buyer, the buyer shall upon request deliver up such Goods as have not ceased to be in existence or resold to the Seller. If the Buyer fails to do so the Seller may enter upon the premises owned, occupied or controlled by the Buyer where the Goods are situated and repossess the Goods. On the making of such a request the rights of the Buyer under clause 8.4 shall cease.
8.7. The Buyer shall not pledge in any way charge by way of security for any indebtedness any of the Goods which are the Property of the Seller. Without prejudice to the other rights of the Seller, if the Buyer does so all sums whatever owing by the Buyer to the Seller shall forthwith become due and payable.
8.8. The Buyer shall promptly deliver the prescribed particulars of this contract to the Register in accordance with the Companies Act 1985 Part XII as amended. Without prejudice to the other rights of the Seller, if the Buyer fails to do so all sums what so ever owing by the Buyer to the Seller shall forthwith become due and payable.
9. Remedies of Buyer.
9.1. Where the Buyer rejects any Goods then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Goods or the failure by the Seller to supply Goods which confirm to the contract of sale.
9.2. Where the Buyer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatever to the Buyer in respect of those Goods.
9.3. The Seller shall not be liable to the Buyer for late delivery or short delivery of the Goods.
The provisions of this clause shall apply to rights claims "or liability arising directly, consequentially or otherwise.
10. Privacy Policy.
10.1. Diamondjack does not disclose Buyer’s information to third parties other than when order details are processed as part of the order fulfillment. In this case, the third party will not disclose any of the details to any other third party.
10.2. Cookies are used on this shopping site to keep track of the contents of your shopping cart, to store delivery addresses if the address book is used and to store your details if you select the 'Remember Me' Option. They are also used after you have logged on as part of that process. You can turn off cookies within your browser by going to 'Tools | Internet Options | Privacy' and selecting to block cookies. If you turn off cookies, you will be unable to place orders or benefit from the other features that use cookies.
Returns Policy your rights to return goods are protected under the EU Distance Selling Directive which can be found at http://www.hmso.gov.uk/si/si2000/20002334.htm
11. Contacting Us.
If you need to reach us, please email us using the link on the store page, alternatively, you can call on (International +44) 01202 814488 or fax us on 01202 813111 or write to us at Diamondjack, 47 Azura Close, Woolsbridge Ind. Park, Three Legged Cross, Dorset, BH21 6SZ.
12. Proper Contract of Law
This Contract is subject to the Law of England and Wales and the EU Distance Selling Directive.
