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Terms and Conditions

TERMS OF WEBSITE USE

 

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.digitaldeli.co.uk (our site), whether as a customer or a supplier. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

 

INFORMATION ABOUT US

 

www.digitaldeli.co.uk is a site operated by Digital Delicatessen Limited ("We"). We are registered in England and Wales under company number [5750791] and have our registered office at The Yard, North Lane, Sandgate, Kent, CT20 3AS. Our main trading address is The Yard, North Lane, Sandgate, Kent, CT20 3AS. Our VAT number is [Pending].

 

ACCESSING OUR SITE

 

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.


If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.


You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

 

INTELLECTUAL PROPERTY RIGHTS

 

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

 

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.


You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.


Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.


You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.


If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

RELIANCE ON INFORMATION POSTED

 

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

 

OUR SITE CHANGES REGULARLY

 

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

 

OUR LIABILITY

 

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and third parties connected to us hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

    • loss of income or revenue;

    • loss of business;

    • loss of profits or contracts;

    • loss of anticipated savings;

    • loss of data;

    • loss of goodwill;

    • wasted management or office time; and

for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

 

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

 

We process information about you in accordance with our privacy policy . By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

 

TRANSACTIONS CONCLUDED THROUGH OUR SITE

 

Contracts for the supply of Products formed through our site or as a result of visits made by you are governed by our terms and conditions of supply .

 

UPLOADING MATERIAL TO OUR SITE

 

Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the following content standards;
All content must be legal, if not we will advise the police and assist in any them in their pursuit of criminals
You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.


Any material you upload to our site (except, in the case of suppliers, products for sale which are goverened by the Terms and Conditions of Supply) will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.


We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.


We have the right to remove any material or posting you make on our site if, in the opinion of Digital Delicatessen, it causes unnecessary offence. 

 

VIRUSES, HACKING AND OTHER OFFENCES

 

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

 

LINKING TO OUR SITE

 

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.

 

Our site must not be framed on any other site. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out above.

 

If you wish to make any use of material on our site other than that set out above, please address your request to admin@digitaldeli.co.uk.

 

LINKS FROM OUR SITE

 

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

 

JURISDICTION AND APPLICABLE LAW

 

The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use are governed by English law.

 

VARIATIONS

 

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

 

YOUR CONCERNS

If you have any concerns about material which appears on our site, please contact Tammy (her name at digitaldeli.co.uk)


Thank you for visiting our site.

 

WEBSITE TERMS AND CONDITIONS OF SUPPLY

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.digitaldeli.co.uk (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of the products, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.


Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.

 

1. INFORMATION ABOUT US

 

www.digitaldeli.co.uk is a site operated by Digital Delicatessen Limited. We are registered in England and Wales under company number [5750791] and with our registered office at [The Yard, North Lane, Sandgate, Kent, CT20 3AS]. Our main trading address is [for the moment, as above]. Our VAT number is [pending].

 

2. YOUR STATUS

 

By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old;

 

3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

 

3.1 If your order is for Products which are available for immediate streaming or download, then, provided payment has been accepted, you will have access to the stream for a 24 hour period only, or you will be entitled to download the Product immediately. You will receive an email confirming your entitlement to the material to this effect.


Please note, streaming of a product entitles you to ‘hire’ such product for viewing as often as required within the 24 hours following acceptance of payment. At the end of that 24 hour period, the ability to access the product will no longer be available.
If you have purchased a download, you will have access to download such product within the 24 hours following acceptance of payment. At the end of that 24 hour period, the ability to download the product will no longer be available.


3.2 If your order is for other Products, then, after placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you another e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.

 

3.3 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

 

4. OUR STATUS

 

4.1 Please note that we accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller.

4.2 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We may disclose your customer information related to the transaction to the third party seller.

 

5. CONSUMER RIGHTS

 

5.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in paragraph 9 below).

5.2 To cancel a Contract, you must inform us in writing and return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk.

5.3 You will not have any right to cancel a Contract for the supply of any Product which is available to be streamed or downloaded from this site immediately upon payment, or, for any DVD, CD, or software received by you within seven working days of placing an order if, within those seven working days, you have broken the seal on any packaging or otherwise used the Product in question.

5.4 Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.

 

6. AVAILABILITY AND DELIVERY

 

If your order relates to Products which are available for immediate stream or download, then delivery will take place as soon as that stream or download is complete.
If your order is for Products which are not available for immediate download, your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.

 

7. RISK AND TITLE

 

7.1 The Products will be at your risk from the time of delivery.

7.2 Ownership, where appropriate, of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

 

8. PRICE AND PAYMENT

 

8.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.

8.2 These prices may include VAT but in cases where it is included, the VAT element will be clearly indicated.

8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

8.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We endeavour to maintain accurate information, but as the prices are set by third parties we can not be held responsible for reasonable variations which may occur from time to time. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection

 

8.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

 

8.6 Payment for all Products must be by credit or debit card. We accept payment with VISA, VISA Delta, Mastercard, American Express, Maestro, Solo, VISA Electron. We will not charge your credit or debit card until we despatch your order.

 

9. OUR REFUNDS POLICY

 

9.1 If you return a physical Product to us (for instance, because you have cancelled the Contract between us, or because you claim that the Product is defective), we will examine the returned Product to determine whether you are eligible for a refund. We will notify you of our decision via e-mail within a reasonable period of time. If you are entitled to a refund or replacement, we will usually refund any money received from you using the same method originally used by you to pay for your purchase or replace the defective product. We will usually process the refund due to you, or replace the product, as soon as possible and, in any case, within 30 days of the day we received your cancellation or the day we confirmed to you via e-mail that you were entitled to a refund for delivery of the defective Product. In both cases, however, we must be in possession of the returned product before the refund or replacement can be forwarded.

9.2 Products returned by you because of a defect will be refunded in full, (unless a replacement is requested) including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.

9.3 Products returned by you within the seven-day cooling-off period (see paragraph 5.1 above) will be refunded in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
In the case of a breakdown during streaming or downloading, or if a stream or download fails to start, purchasers are requested to contact comments@digitaldeli.co.uk  with the subject line ‘Technical Department’, and inform us as clearly as possible as to the nature of the problem. Upon investigation by our technology department and once they have established the what has occurred, you will be entitled to an immediate refund as above. 

 

10. OUR LIABILITY

 

10.1 Our liability in connection with your use of this site, the sale of any Product(s) through this site or any of the site content is strictly limited to the purchase price of that Product.


10.2 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

10.4 We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

 

11. IMPORT DUTY

 

11.1 If you order non downloadable Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.


11.2 Please also note that you must comply with all applicable laws and regulations of the country for which any Products are destined. We will not be liable for any breach by you of any such laws.

 

12. WRITTEN COMMUNICATIONS

 

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.

 

13. NOTICES

 

All notices given by you to us must be given to Digital Delicatessen Limited at admin@digitaldeli.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in paragraph 12. Notice will be deemed received and properly served immediately when posted on our website, 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.

 

14. TRANSFER OF RIGHTS AND OBLIGATIONS

 

14.1 The contract between you and us is binding on you and us and on our respective successors and assigns.

14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

 

15. EVENTS OUTSIDE OUR CONTROL

 

15.1 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 events outside our reasonable control (Force Majeure Event).

15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.

15.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

 

16. WAIVER

 

16.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we (on behalf of the third part sellers) are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

16.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 13 above.

 

17. SEVERABILITY

 

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

 

18. ENTIRE AGREEMENT

 

18.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

18.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

18.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

 

19. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

 

19.1 We have the right to revise and amend these terms and conditions from time to time.

19.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

 

20. LAW AND JURISDICTION

 

Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.