Terms & Conditions
TERMS AND CONDITIONS OF SALE OF DAYGLO BOOKS LTD
20 James Street, Kimberley, Nottingham NG16 2LP
Registered Office: 55a Nabbs Lane, Hucknall, Nottingham NG15 6NT
Directors: G.Morgan, C.Day
Company Number 9099908
- "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;
- "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
- "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
- "Goods" means the articles that the Buyer agrees to buy from the Seller;
- "Seller" means Dayglo Books Ltd of 20 James Street, Kimberley, Nottingham NG16 2LP that owns and operates the Dayglo Books Ltd website;
- "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;
- "Website" the Dayglo Books Ltd website.
- Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
- These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
- Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and
- Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
- Any complaints should be addressed to the Seller's address stated in clause 1.5.
- All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
- Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 14 days.
- When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in full
PRICE AND PAYMENT
- The price of the Goods shall be that stipulated on the Website. VAT is not applicable to books. On any other items offered for sale from time to time on which VAT is applicable, VAT is included in the price. The price excludes delivery charges.
- The total purchase price, including VAT, delivery and other charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
- After the order is received the Seller shall confirm by e-mail the details, description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer.
- In the case of Consumer sales, payment of the price, plus VAT where applicable, and delivery charges must be made in full before dispatch of the Goods.
- In the case of other sales, payment of the price plus VAT if applicable and delivery charges shall be due within 30 days of the date of receipt of the invoice supplied by the Seller.
- The Seller shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 8% per annum above the base rate of the Bank of England from time to time in force.
RIGHTS OF SELLER
- The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
- The Seller reserves the right to withdraw any Goods from the Website at any time.
- The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
- Goods supplied within the UK will normally be delivered within 10 working days of acceptance of order but in any event, within 30 days after the Contract is entered into.
- Goods supplied outside the UK will normally be delivered within 21 working days of acceptance of order but in any event, within 28 days after the Contract is entered into.
- Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
- The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
- Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. The Supplier is under a legal obligation to supply Goods in conformity with the Contract.
- Risk in the Goods shall pass to the Buyer when they are in the physical possession of the Buyer.
- Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
- Immediately upon delivery of the goods the Buyer shall make an inspection of them in every respect to satisfy himself that they are in accordance with the order.
- Claims arising from goods rejected because they are damaged, faulty, or not the goods that were ordered, must be made in writing to Dayglo Books Ltd within 5 working days of delivery. If no claim is made within that time the goods delivered shall be deemed to be in all respects in accordance with the order and the Buyer shall be bound to accept and pay for the goods accordingly.
- Claims arising from partial loss of goods in transit must be made in writing to Dayglo Books Ltd within 5 working days of delivery. If no claim is made within that time the goods shall be deemed to have been delivered in full and the Buyer shall be bound to pay for the goods accordingly.
- Claims arising from non-delivery of goods within the UK must be made in writing to Dayglo Books Ltd within 21 working days of date of dispatch, or 30 days outside the UK.
- If the claim is found to be valid that the goods are damaged, faulty, not the goods that were ordered, lost or non-delivered, then the goods will be replaced. Dayglo Books Ltd reserve the right to request the return of rejected goods for inspection. If the claim that the goods are damaged or faulty is found to be valid, the cost of return postage will be refunded.
The Buyer, if a Consumer, has the right to cancel the Contract within 14 days without giving any reason. The conditions, time limits and procedures for exercising the Buyer’s right to cancel are laid out in the Schedule to these Terms and Conditions together with a cancellation form, in accordance with The Consumer Contracts
(Information, Cancellation and Additional Charges) Regulations 2013.
LIMITATION OF LIABILITY
- Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
- Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
The Seller shall not 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, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
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.
CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
RIGHT TO CANCEL
- You have the right to cancel this contract within 14 days without giving any reason.
- The cancellation period will expire after 14 days from the day:
- of the conclusion of the contract, in the case of a service contract or a contract for the supply of digital content which is not supplied on a tangible medium;
- on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods, in the case of a sales contract;
- on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good, in the case of a contract relating to multiple goods ordered by the consumer in one order and delivered separately;
- on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece, in the case of a contract relating to delivery of a good consisting of multiple lots or pieces;
- on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first good, in the case of a contract for regular delivery of goods during a defined period of time.
- To exercise the right to cancel, you must inform Dayglo Books Ltd of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the attached model cancellation form, but it is not obligatory. If you electronically fill in and submit the model cancellation form or any other clear statement on our website we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by e-mail) without delay.
- To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
EFFECTS OF CANCELLATION
- If you cancel this contract, 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).
- We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
- We will make the reimbursement without undue delay, and not later than:
- 14 days after the day we receive back from you any goods supplied, or
- (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
- if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this
- We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
- In the event of cancellation we may withhold reimbursement until we have received the goods back (where we have not offered to collect the goods) or you have supplied evidence of having sent back the goods, whichever is the earliest.
RETURN OF GOODS
- You shall send back the goods or hand them over to us at 20 James Street, Kimberley, Nottingham NG16 2LP without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
COST OF RETURNING GOODS
- You will have to bear the direct cost of returning the goods.
- You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
SERVICE CONTRACTS BEGUN DURING CANCELLATION PERIOD
- If you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation from this contract, in comparison with the full coverage of the contract.