1. STATUS OF TERMS
1.1 These terms constitute a legal document (“the Agreement”), which sets out the rights and obligations of you as a user or purchaser (“you”) and those of D&H General Trading Ltd. T/A D&H Innovation (“D&H”, “D&H Innovation”, “we” or “us”) in relation to the products and services offered by us through this site or any of the other sites owned by us (“the Web Site”). By using the Web Site, ordering products from us or registering for D&H Innovation services, you agree to the terms of this Agreement, and you re-affirm that agreement every time you use the Web Site or any of our services.
1.2 You agree to: provide true, accurate, current and complete information about you as prompted by our registration form (such information being the “Registration Data”); and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or D&H Innovation has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, D&H Innovation has the right to suspend or terminate your account, cease supply and refuse you any and all current or future use of the D&H Innovation site (or any portion of it).
1.3 We reserve the right to: modify or withdraw, temporarily or permanently, this Web Site (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Web Site; and/or change the Agreement from time to time, and your continued use of the Web Site (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Agreement has been changed. If you do not agree to any change to the Agreement then you must immediately stop using the Web Site.
2. PLACE OF PERFORMANCE AND APPLICABLE LAW
2.1 D&H Innovation is a trading name of D&H General Trading Ltd. D&H General Trading Ltd is a company registered in Scotland (Registered Number SC466221, VAT number GB207168420). Unless otherwise specified, the materials on this site are directed solely at those who access this site within EU. D&H Innovation makes no representation that any product referred to in the materials on this site is appropriate for use, or available, in other locations. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable. This Agreement is governed by Scots law. You and we each submit to the exclusive jurisdiction of the Scottish courts in relation to disputes arising out of this Agreement.
2.2 For all orders for delivery outside of mainland UK, Northern Ireland, the Channel Islands and the Isle of Man, all ownership, title and risk in goods will pass to you immediately at the point and time at which such goods are placed at your disposal at our premises in the UK. The prices payable for goods as set out on our Web Site are inclusive of UK VAT, but exclusive of local taxes, import duties and clearances. You acknowledge and agree that D&H Innovation has no liability to you in respect of any such taxes including VAT, duties or clearances which may become payable, after the goods have been placed at your disposal at our premises in the UK.
3. PLACING AN ORDER
3.1 A notice will be displayed on your web browser before you submit an order with D&H Innovation. This contains important information such as a description, price and delivery charges of the good or services ordered. We suggest that you print off a hard copy of the notice or save a copy to your hard drive for your own records.
3.2 You place the order for your products on the Web Site by pressing the confirm order button at the end of the checkout process. We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from D&H Innovation. As your product is shipped from our warehouse we will send you a despatch confirmation email. Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the products ordered.
3.3 We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the Web Site are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Web Site as up to date as possible, the information including product descriptions appearing on this Web Site at a particular time may not always reflect the position at the moment you place an order. In the event the products ordered are not as described, D&H Innovation will give you the right to reject the goods within a reasonable time period for a full refund.
3.4 In the unlikely event that an incorrect price is shown on the Web Site. D&H Innovation reserves the right to not fulfil the order at that price. In such a circumstance, you will be notified, and given the choice to proceed with the order at the correct price.
3.5 All prices shown are inclusive of VAT at the applicable rate. Should the applicable VAT rate change, D&H Innovation reserve the right to adjust retail prices accordingly. For items which are placed on back order, VAT will be charged at the applicable rate at time of dispatch.
3.6 You agree that we may use personal information provided by you in the course of placing your order to conduct any appropriate fraud checks. As part of these checks, personal information that you have provided may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
3.7 When placing an order on our website you agree to be joined to our email marketing programme. If you wish to unsubscribe you may do so by clicking the unsubscribe link on any of our marketing emails.
3.8 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Web Site.
4. RETURNS AND CANCELLATION POLICY
4.1 Subject to the right of consumers to return goods for refund under the Sale of Goods Act 1979 and the Consumer Contracts Regulations 2013, D&H Innovation does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before ordering.
4.2 D&H Innovation offers customers the opportunity to return goods up to 14 days after receipt (“the Returns Period”), subject to the terms and conditions in this returns policy.
4.3 You must prior to returning any goods received, contact our Customer Services Department on +44 (0)1382 250899 or by completing our Return Claim form. Failure to contact us in respect of a return or cancellation in line with one of the methods set out above will result in a delay in processing your refund or the product being returned to you. All authorised returns must be returned to D&H General Trading Ltd., Unit 14 Discovery House, Gemini Crescent, Dundee, DD2 1SW.
4.4 If you exercise your right to cancel your order after the goods have been despatched, you will be responsible for returning the goods to D&H Innovation at your own risk and cost, therefore we strongly recommend you use an insured delivery method, such as Royal Mail Special Delivery. For items which cannot ordinarily be returned by post, we will at your request use our reasonable endeavours to arrange a courier to collect the goods; the estimated maximum cost of this would be £20 per item. (See 4.9 below in relation to the return of faulty goods.)
4.5 All returns are subject to the following conditions, except where the goods are faulty or incorrectly described on the Web Site.
· Your product must be complete, including all accessories, in its original box / packaging and in ‘as new’ condition (e.g. if you have opened the box to examine the product you must have done so without damaging or marking the product or packaging). We may accept returns within the Returns Period that do not fully comply with this requirement, but this will be subject to agreeing a restocking charge to cover the loss that we might reasonably expect to incur in reselling the item(s).
· Software, memory cards and DVDs can only be accepted if still sealed. This policy is to avoid any potential breach of the Copyright, Designs and Patents Act (CDPA) 1988. All opened software is exempt from return under the terms of the Consumer Contracts Regulations 2013. Software that arrives damaged or is physically faulty may be returned under our normal returns policy.
· A proof of purchase must be supplied.
· You must return any free gifts which came with the product.
· We will not refund any items that have been specially ordered to your individual specification or personalised.
4.6 Until such time as you return the goods to us you must take reasonable care of the item(s). Any use of or damage to the delivered goods or product packaging beyond that necessary to inspect the goods upon delivery may result in you incurring a restocking charge to cover the loss that we might reasonably expect to incur in reselling the item(s).
4.7 Subject to 4.6 above, if you exercise your right to cancel your order within 14 days (where the goods are not found to be faulty), we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
4.8 Faulty goods: You will always have the option of an exchange or refund if the fault occurs within 28 days of delivery. If there is a fault with your product within six months of delivery but after the first 28 days, we will offer a repair in the first instance. As an exception you may be offered an exchange or full / partial refund. After six months but within 12 months we will offer a repair only. In all cases we reserve the right to inspect the product and verify the fault and, if no fault is found, return the product to you. In these circumstances, no refund will be processed until the returned goods have been received by us and an appraisal made as to any fault. This promise does not cover faults caused by accident, neglect, misuse or normal wear and tear.
4.9 Any refund due to a fault or other defect within the first six months following purchase will include a refund of the delivery charge. In such circumstances we will also pay for your costs of returning the goods (up to £10 in the UK and £20 outside the UK). Beyond six months you will be responsible for covering the costs of returning the goods. We strongly recommend you use an insured method such as Royal Mail Special Delivery. Replacement goods are sent by standard delivery only (i.e. premium services are not available).
4.10 Refunds will be processed within 14 days of receipt of the returned products.
4.11 THIS RETURNS POLICY DOES NOT AFFECT YOUR STATUTORY RIGHTS. DETAILS OF YOUR STATUTORY RIGHTS ARE AVAILABLE FROM THE CITIZENS ADVICE BUREAU OR CONSUMER DIRECT.
5.1 Details of our delivery service are set out here.
5.2 D&H Innovation shall not be liable for any losses, costs, damages, charges or any expenses caused by any delay in the delivery of goods.
6. COMPLAINTS HANDLING PROCEDURE
In the unlikely event that you have any complaints as to our service or any of the goods and services supplied to you from our site, please contact us by either:
Using our Online Contact Form
Phone: +44 (0)1382 250899
Fax: +44 (0)1382 250898
or write to:
Unit 14 Discovery House, Gemini Crescent
Dundee, DD2 1SW
All complaints are taken seriously and will be investigated as soon as they are brought to our notice. We will endeavour to rectify any problems as soon as possible.
7.1 D&H Innovation shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on the Web Sites and specifically excludes all such liability.
7.2 Certain links in this Web Site (typically a banner advert or icon) will lead to other web sites, which are not under the control of D&H Innovation. When you activate any of these links you will leave the D&H Innovation site and D&H Innovation has no control over and will accept no responsibility or liability for the material on any site, which is not under the control of D&H Innovation.
8. LIMITATION OF LIABILITY
8.1 While we will use reasonable endeavours to verify the accuracy of any information we place on the Web Site, we make no warranties, whether express or implied in relation to its accuracy. The Web Site is provided on an “as is” basis without any representations made, and we make no warranties of any kind, whether express or implied, in relation to the Web Site, or any transaction that may be conducted on or through the Web Site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
8.2 We make no warranty that the Web Site will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the Web Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Web Site. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Web Site.
8.3 To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products offered for sale on the Web Site. This does not affect your statutory rights as a consumer.
8.4 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Agreement for: any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Agreement.
8.5 Nothing in the Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
9.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Web Site shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
9.2 You acknowledge and agree that the material and content contained within the Web Site is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Web Site is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
10.1 Intellectual property rights in any software or any other copyrighted materials (“Software”) and supporting documentation supplied by us to you remain our property or that of our licensors.
10.2 Without our written consent and without affecting any applicable statutory rights under the Copyright (Computer Program) Regulations 1992 (as amended, supplemented or replaced from time to time) you shall not and shall not permit any other person to: disassemble, reverse engineer, decompile or in any other way interfere with the Software; copy or modify the Software; or create any new Software partly or wholly based on the Software.
10.3 Subject to the terms of this Agreement, you are licensed to use the Software and associated documentation non-exclusively, but only for the purposes identified on the site in relation to the Software.
10.4 You must not transfer, assign or sub-license your right to use the Software or attempt to do so.
11. OTHER TERMS
11.1 Indemnity: You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Agreement by you or any other liabilities arising out of your use of the Web Sites, or the use by any other person accessing the Web Site using your shopping account and/or your personal information.
11.2 Severance: If any part of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed