Terms & Conditions
Diamondjack Ltd - 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 Ltd which has registered
premises in Alton in the County of Hampshire.
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 17.5% 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 Ltd 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) 01420 542932 or fax us on 01420 542608 or write to us
at Diamondjack Ltd,The Technology Centre, 16 Huntsmead, ALTON,
Hampshire, GU34 2SE.
12. Refund Policy
Faulty goods will be refunded in full subject
to inspection by us, provided there is no evidence of misuse,
and subject to reasonable wear and tear.
Notification must be made within 7 days of receipt of goods.
13. Proper Contract of Law
This Contract is subject to the Law of England and Wales and
the EU Distance Selling Directive.
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