Terms & Conditions

Terms and Conditions

This agreement applies as between you, the User of this website and D I Buy, the owner(s) of this website.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the website. If you do not agree to be bound by these Terms and Conditions, you should stop using the website immediately. No part of this website is intended to constitute a contractual offer capable of acceptance. 

Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.

  1. Definitions and Interpretation

The following describes the terms & their meanings in this Agreement:

TERM

DESCRIPTION

ACCOUNT

means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the website;

 

CARRIER

means any third party responsible for transporting purchased Goods from our Premises to customers;

 

CONTENT

means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this website;

 

GOODS

means any products that D I Buy Ltd advertises and / or makes available for sale through this website;

 

D I BUY

means D I Buy Ltd, Registered Address: 10 Bridge Street, Christchurch, Dorset BH23 1EF.

 

SERVICE

means collectively any online facilities, tools, services or information that D I Buy makes available through the website either now or in the future;

 

PAYMENT INFORMATION

means any details required for the purchase of Goods from this website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

 

PURCHASE INFORMATION

means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;

PREMISES

means our place(s) of business located at Tarodene House, Gore Road Industrial Estate, New Milton,

BH25 6AX .

SYSTEM

means any online communications infrastructure that D I Buy makes available through the website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

USER/ USERS

means any third party that accesses the website and is not employed by D I Buy and acting in the course of their employment;

WEBSITE

means the website that you are currently using (www.dibuy.co.uk) and any sub-domains unless expressly excluded by their own terms and conditions.

 

  1. Age Restrictions

Persons under the age of 18 should use this website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.

  1. Business Customers

These Terms and Conditions also apply to customers buying Goods in the course of a business.

  1. Intellectual Property

4.1 Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of D I Buy, our affiliates or other relevant third parties. By continuing to use the website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

4.2 You may not reproduce, copy, distribute, store or in any other fashion re-use material from the website unless given express written permission to do so by DI Buy.

  1. Third Party Intellectual Property

5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

5.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless given express written permission to do so by the relevant manufacturer or supplier.

  1. Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page without prior permission of D I Buy.

  1. Use of Communications Facilities

7.1 When using the enquiry form or any other System on the website you should do so in accordance with the following rules:

7.1.1 You must not use obscene or vulgar language;

7.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

7.1.3 You must not submit Content that is intended to promote or incite violence;

7.1.4 It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;

7.1.5 The means by which you identify yourself must not violate these terms of use or any applicable laws;

7.1.6 You must not impersonate other people, particularly employees and representatives of D I Buy or our affiliates; and

7.1.7 You must not use our System for unauthorised mass-communication such as "spam" or "junk mail".

7.2 You acknowledge that D I Buy reserves the right to monitor any and all communications made to us or using our System.

  1. Accounts

8.1 In order to purchase Goods on this website you are required submit certain personal details and Payment Information. By continuing to use this website you represent and warrant that:

8.2 all information you submit is accurate and truthful;

8.3 you have permission to submit Payment Information where permission may be required; and

8.4 you will keep this information accurate and up-to-date.

  1. Cancellation

9.1 D I Buy reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.

9.2 If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.

9.3 If Goods purchased have already left our warehouse and are then cancelled whilst still in the possession of a Carrier, unfortunately the refund cannot be applied until the Goods have been returned to us. The standard cancellation charge set by the Carrier is £5.99 which will be deducted from the total price originally paid by the customer to cover the cost of the return. This policy includes refusing to accept Goods at the door during attempted deliveries.

9.4 If Goods purchased during offer periods of Free Delivery have already left our warehouse and are then cancelled whilst still in the possession of a Carrier, unfortunately the refund cannot be applied until the Goods have been returned to us. The standard cancellation charge set by the Carrier is £5.95 which will be deducted from the total price originally paid by the customer to cover the cost of the return. This policy includes refusing to accept Goods at the door during attempted deliveries.

  1. Goods, Pricing and Availability

10.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from D I Buy correspond to the actual Goods, D I Buy is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether.

10.2 Where appropriate, you may be required to select the required [size] [model] [colour] [quantity] or [other features] of the Goods that you are purchasing.

10.3 D I Buy does not represent or warrant that such Goods will be available. Stock indications are provided on the website however these may not take into account sales that have taken place during your visit to the website.

10.4 D I Buy reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated regularly.

10.5 In the event that there is a pricing error on the website then D I Buy will not be bound to honour any orders made at that price.

10.6 In the event that prices are changed during the period between an order being placed for Goods and D I Buy processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;

10.7 All prices on the website are shown with and without VAT. D I Buy’s VAT number is 355 2293 96. Please note our prices are calculated using the excluding VAT price.

  1. Delivery

11.1 D I Buy will notify you by way of email to confirm your order has been received. If no email arrives within one hour of placing your order, please check your spam folder in your mail provider.

11.2 If D I Buy receives no communication from you, within 10 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in good order and with no problems.

11.3 No responsibility will be taken by D I Buy or the contracted Carrier for theft or damage of items left on customer's premises when requested, or documented within the customer's order.

11.4 D I Buy reserves the right to amend the original courier method if we feel an item exceeds the maximum dimensions or it is not possible to send all items in one parcel.

11.5 Where possible all orders are dispatched as a single delivery once all products have been prepared.

    1. Returns Policy

D I Buy aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.

12.1 If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 10 days to arrange collection and return. D I Buy is responsible for paying shipment costs. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods.

12.2 If any Goods you have purchased develop faults within 28 days after the date you have received them, you should contact D I Buy. We will then advise you of the next course of action which will vary depending on the Manufacturer of the product purchased and that Manufacturer’s Warranty and Returns policy. D I Buy is responsible for paying shipment costs except when items have been shipped outside of the UK after being delivered to the UK shipping address stated on the invoice. If an item purchased from D I Buy is shipped out of the UK and then develops a fault, it is the customers responsibility to ensure the item is safely shipped back to the original UK billing/shipping address for D I Buy to then arrange collection from that address for any repairs/replacements under a valid manufacturer's warranty. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.

12.3 If any Goods develop faults within their warranty period, you are entitled to a repair or replacement under the terms of that warranty.

12.4 If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged. In any event, you should report such damage to D I Buy within 10 days and arrange collection and return. D I Buy is responsible for paying shipment costs. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.

12.5 In the event that you no longer require the Goods which have been delivered you may return these to us providing you inform us within 10 days of receipt. Please note it is the customer's responsibility to make sure the packaging remains unopened and the Goods can be re-sold as new, without any additional work on the part of D I Buy. You are responsible for paying return shipment costs. If tape is used directly on the Goods or anything is written directly on the Goods this is then classed as a used item, therefore we cannot refund unless the item is proven to be faulty. 

12.6 In addition to our returns policy you have a statutory right to a "cooling off" period. This period begins once your order is complete and ends 7 days after the Goods have been delivered. To cancel your contract, you must notify us in writing either by post or email within the 7-day Cooling-Off Period then return the Goods to D I Buy within 7 days of receipt. Goods can only be returned for this reason if their packaging remains unopened and the Goods can be re-sold as new, without any additional work on the part of D I Buy. You are responsible for paying return shipment costs. If tape is used directly on the Goods or anything is written directly on the Goods this is then classed as a used item, therefore we cannot refund unless the item is proven to be faulty. You will not be charged a re-stocking fee if your order has been cancelled within the "cooling off" period.

12.7 If you wish to return Goods to D I Buy for any of the above reasons, you can also contact us using the phone number on our website to make the appropriate arrangements.

12.8 D I Buy reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:

12.8.1 Any use or enjoyment that you may have already had out of the Goods;

  • Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;

 

12.8.2 The fact that the Goods packaging has been opened;

12.8.3 Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.

Such discretion to be exercised only within the confines of the law.

  1. Privacy

Use of the website is also governed by our Privacy Policy which is also incorporated into these terms and conditions by this reference.

  1. Disclaimers

14.1 D I Buy makes no warranty or representation that the website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.

14.2 No part of this website is intended to constitute advice and the Content of this website should not be relied upon when making any decisions or taking any action of any kind.

14.3 No part of this website is intended to constitute a contractual offer capable of acceptance.

  1. Changes to the Service and these Terms and Conditions

D I Buy reserves the right to change the website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the website following the changes. If D I Buy is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

  1. Availability of the Website

The Service is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

D I Buy accepts no liability for any disruption or non-availability of the website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

  1. Limitation of Liability

17.1 To the maximum extent permitted by law, D I Buy accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the website or any information contained therein. Users should be aware that they use the website and its Content at their own risk.

17.2 Nothing in these Terms and Conditions excludes or restricts D I Buy’s liability for death or personal injury resulting from any negligence or fraud on the part of D I Buy.

17.3 Nothing in these Terms and Conditions excludes or restricts D I Buy’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the website.

17.4 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

  1. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

  1. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

  1. Notices

All notices / communications shall be given to us either by post to our Premises (see address above) or by email to sales’dibuy.co.uk. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

  1. Payments & PCI Compliance

We use PayPal to process all of our payments. PayPal offers us and our customers a PCI compliant checkout. We do not store any of your payment information and only collect name, delivery address, email and contact phone numbers for the purpose of processing your order.

  1. Law and Jurisdiction

These terms and conditions and the relationship between you and D I Buy shall be governed by and construed in accordance with the Law of England and Wales and D I Buy and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

Privacy Policy

This Policy applies as between you, the User of this website and D I Buy the owner and provider of this website. This Policy applies to our use of any and all Data collected by us in relation to your use of the website and any Services or Systems therein

  1. Data Collected

Without limitation, any of the following Data may be collected where relevant for your order being placed on our website:

1.1 name;

1.2 date of birth;

1.3 gender;

1.4 job title;

1.5 profession;

1.6 contact information such as email addresses and telephone numbers;

1.9 IP address (automatically collected);

1.10 web browser type and version (automatically collected);

1.11 operating system (automatically collected);

1.12 a list of URLS starting with a referring site, your activity on this website, and the site you exit to (automatically collected);

1.13 Cookie information.

  1. Our Use of Data

2.1 Any personal Data you submit will be retained by D I Buy for as long as you use the Services and Systems provided on the website. Data that you may submit through any communications System that we may provide may be retained for a longer period of up to Six months.

2.2 Unless we are obliged or permitted by law to do so, and subject to Clause 4, your Data will not be disclosed to third parties. This does not include our affiliates and / or other companies within our group.

2.3 All personal Data is stored securely

2.4 Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our website. Specifically, Data may be used by us for the following reasons:

2.4.1 internal record keeping;

2.4.2 improvement of our products / services;

2.4.3 transmission by email of promotional materials that may be of interest to you;

2.4.4 contact for market research purposes which may be done using email, telephone, fax or mail. Such information may be used to customise or update the website.

  1. Third Party Websites and Services

D I Buy may, from time to time, employ the services of other parties for dealing with matters that may include, but are not limited to, payment handling, delivery of purchased items, search engine facilities, advertising and marketing. The providers of such services do not have access to certain personal Data provided by Users of this website.

  1. Changes of Business Ownership and Control

4.1 D I Buy may, from time to time, expand or reduce its business and this may involve the sale of certain divisions or the transfer of control of certain divisions to other parties. Data provided by Users will, where it is relevant to any division so transferred, be transferred along with that division and the new owner or newly controlling party will, under the terms of this Policy, be permitted to use the Data for the purposes for which it was supplied by you.

4.2 In the event that any Data submitted by Users will be transferred in such a manner, you will be contacted in advance and informed of the changes. When contacted you will be given the choice to have your Data deleted or withheld from the new owner or controller.

  1. Controlling Access to your Data

5.1 Wherever you are required to submit Data, you will be given options to restrict our use of that Data. This may include the following:

5.1.1 use of Data for direct marketing purposes; and

5.1.2 sharing Data with third parties.

  1. Your Right to Withhold Information

6.1 You may access certain areas of the website without providing any Data at all. However, to use all Services and Systems available on the website you may be required to submit Account information or other Data.

6.2 You may restrict your internet browser's use of Cookies. For more information see clause 10.4 below.

  1. Accessing your own Data

7.1 Should you create an account on our website, you may access your Account at any time to view or amend the Data. You may need to modify or update your Data if your circumstances change. Additional Data as to your marketing preferences may also be stored and you may change this at any time.

7.2 You have the right to ask for a copy of your personal Data on payment of a small fee.

Changes to this Policy

D I Buy reserves the right to change this Privacy Policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the website and you are deemed to have accepted the terms of the Policy on your first use of the website following the alterations.

Security

Data security is of great importance to D I Buy and to protect your Data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure Data collected online.

Cookies

D I Buy may set and access Cookies on your computer. A Cookie is a small file that resides on your computer's hard drive and often contains an anonymous unique identifier and is accessible only by the website that placed it there, not any other sites.

You may delete Cookies, however you may lose any information that enables you to access the website more quickly.

You can choose to enable or disable Cookies in your web browser. By default, your browser will accept Cookies, however this can be altered. For further details please consult the help menu in your browser. Disabling Cookies may prevent you from using the full range of Services available on the website.