|
Terms and Conditions of Sale
1. DEFINITIONS
In this document the following words shall have the following meanings:
- "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
- "Customer" means any person who purchases Goods and Services from the Supplier;
- "Goods" means the physical items purchased from the Supplier;
- "Services" means the services purchased from the Supplier;
- "Supplier" means Dragon Technology Ltd;
- "Terms and Conditions" means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
2 GENERAL
2.1 These Terms and Conditions shall apply to all contracts for the supply of Goods and Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Goods and Services, by virtue of any statute, law or regulation.
2.4 Nothing in these Terms and Conditions shall affect the Customer's statutory rights as a Consumer.
3 THE ORDER
3.1 The Customer shall be deemed to have accepted these terms and conditions by placing an order with the Supplier ("the Order").
4 PRICE AND PAYMENT
4.1 The price for the Goods and Services is as specified in the Supplier's online shop.
VAT is payable on all taxable supplies to Customers in the UK and the fiscal VAT territory of the EC.
Taxable supplies are Goods and Services. Shipping & Handling fees are also subject to VAT.
The rate of VAT which applies is determined by
HM Customs and Excise. Currently, this is 15.0% for most Goods and Services supplied by Dragon Technology Ltd, except for
books, which are zero-rated.
Customers residing outside the fiscal VAT territory of the EC
will not pay any VAT.
4.2 The Shipping & Handling fee on Goods is charged according to the weight of the Goods and the destination.
4.3 Payment of the price (including delivery and VAT, if applicable) shall be by Card or by PayPal,
and must be made prior to delivery of the ordered Goods and Serivces.
5 DELIVERY
5.1 The date of delivery specified by the Supplier is an estimate only. Time for delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods or Services.
5.2 All risk in the Goods shall pass to the Customer upon delivery.
6 TITLE
Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods.
7 CUSTOMER'S OBLIGATIONS
To enable the Supplier to perform its obligations the Customer shall:
7.1 co-operate with the Supplier;
7.2 provide the Supplier with any information reasonably required by the Supplier;
7.3 obtain all necessary permissions, licenses and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Customer; and
7.4 comply with such other requirements as may be agreed between the parties.
8 SUPPLIER'S OBLIGATIONS
8.1 The Supplier warrants that the Goods will at the time of delivery correspond to the description given by the Supplier.
8.2 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
8.3 In addition to the Customer's statutory rights, the Supplier guarantees all Goods against faulty workmanship and materials for a period of
90-days from the date of delivery. During this guarantee period,
the Supplier shall replace faulty Goods or (if replacement goods are not available, or at the Supplier's sole discretion) refund
the full amound paid by the customer for the Goods, including VAT and delivery.
The Customer shall bear the cost of returning faulty Goods to the Supplier.
Instructions on how to return Goods are written on the
packing slip that accompanies them (if the Customer has lost the packing slip, they are requested to contact the Supplier for return instructions).
9 CANCELLATIONS AND REFUNDS
9.1 The Supplier offers a 14-day no quibble returns policy on all Goods. If the Customer is not completely satisfied with any
physical Goods purchased from the online shop, he/she can return them to the Supplier (at the Customer's expense) within 3 weeks of delivery
for a full refund (all the Customer pays is the cost of shipping the items back to the Supplier).
Instructions on how to return Goods are written on the
packing slip that accompanies them (if the Customer has lost the packing slip, they are requested to contact the Supplier for return instructions).
9.2 The Customer may cancel a Goods Order by notifying the Supplier within 7-days of placing an Order and any money paid will be refunded in full. If an order has already been processed and Goods have been dispatched, the Goods can be returned to the Supplier
at the Customer's expense for a refund, as described in 9.1.
9.3 If the Customer fails to cancel the order within the time specified in Clause 9.2, and fails to return Goods to the Supplier
within 21-days of delivery under the no-quibble returns policy specified in 9.1, any money paid may not be returnable. This does not affect the 90-day
guarantee specified in 8.3, covering faulty Goods.
9.4 The Supplier can, at its sole discretion, cancel any order placed by a Customer, and return any money paid.
10 LIMITATION OF LIABILITY
10.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods and Services.
10.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
10.3 For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.
11 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
12 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
13 GOVERNING LAW
Dragon Technology Ltd is domiciled in the United Kingdom. These Terms and Conditions shall be governed by and construed in accordance with the law of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English and Welsh courts.
| |
