TERMS AND CONDITIONS FOR WWW.DIGITAL.GI

These Terms and Conditions (“the Terms”) govern your use of our
website. If you use our website, you are agreeing to comply with and be
bound by the Terms. Please ensure that you read the Terms carefully as
they govern our relationship with you in relation to this website. Please
understand that if you refuse to accept the Terms you will not be able to
accept any Goods on the Website . If you disagree with any part of the
Terms, please do not use our website. .

1

Definitions and interpretations

1.1

In these Terms unless the context otherwise require or admits the
following terms have the following meanings:

(i)      “the Act” shall mean the Sale of Goods Act ;

(ii)     “the Terms” means the terms and conditions of sale of
         the Goods as set out herein and any special terms and
         conditions agreed in writing by us ;

(iii)     ‘the Goods’ means the goods that we agree to supply
          you in accordance with the Terms which shall include all
          replacements, renewals accessories and additions of the
          Goods wherefore made on or after the date of the Terms ;

(iv)     “the Order” means any agreement between us and you for
          the sale and purchase of Goods on the website

(v)      “the Parties” means either us or you

(vi)      “the Purchase Price’ shall mean the sum of money payable
           in respect of the Goods supplied and sold by us in its
           ordinary course of business to you as may be specified by
           us from time to time whether in writing or otherwise ;

(vii)     “the Website” shall mean www.digital.gi

1.2

Words importing one gender include all other genders and words

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importing the singular include the plural and vice versa

1.3

The clause headings do not fall part of the Terms and shall not be
taken into account in its construction or interpretation.

1.4

Any reference in the Terms to a statutory provision shall be
construed as a reference to the provision as from time to time
amended or re-enacted

2

Website access

We allow you access to make personal use of the Website but not
to download or modify it, or any part of the Website, except with
our written consent

3

Your conduct

3.1

You must not use the Website in any way that causes or is likely to
cause, the Website or access to it to be interrupted, damaged or
impaired in any way ;

3.2

You accept that you and not us are responsible for all electronic
communications and content sent from your computer to us. You
agree to use the Website for lawful purposes only. Thus, you must
not use the Website for any of the following;
for fraudulent purposes, or in connection with criminal offence or
other unlawful activity ;

3.2.1

3.2.2

to send or use any material that is illegal, offensive, abusive,
indecent, defamatory, obscene or in breach of copyright,
trademark, confidence, privacy or other right

4

Your account

4.1

If you use the Website, you are responsible for maintaining the
confidentiality of your account and password and for restricting
access to your computer to prevent unauthorised access to your
account. You agree to accept responsibility for all activities that
occur under your account or password. You should take all
necessary steps to ensure that the password is kept confidential and
secure and you should inform us immediately if you have any
reason to believe that your password has become known to anyone
else, or of the password is being, or is likely to be, used in
unauthorised manner.

4.2

Please ensure that the details you provide us with are correct and
complete and inform us immediately of any changes to the
information that you have provided.

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4.3

We reserve the right to refuse access to the Website, terminate
accounts, remove or edit content or cancel Orders at our discretion.
If we cancel an Order, it will be without charge to you. We may in
it our absolute discretion amend the Terms and/or the Website at
any time without notice. We therefore advise you to regularly
check the Terms. Any changes will apply to any orders that you
place after the time that we update the Terms. The changes will not
apply to any Order that you place before we make the changes on
the Website

5

Our copyright and database rights

All content included on the Website, such as text, graphics, logos,
button icons, images, audio clips, digital downloads, data
compilations and software is our property. You may not extract
and/or use parts of the contents of the Website without our express
written consent.

6

Our Contract

When you place an Order and pay the Purchase Price we will send
you an email confirming receipt of your Order and containing the
details of your Order. Your Order represents an offer to us to
purchase the Goods on these Terms which is accepted by us when
we send email confirmation to you that we have dispatched the
Goods. At this point the contract between us will become binding.
Accordingly, when you use our Website, you agree to
communicate with us by email. You agree that all agreements,
notices, disclosures, and other communications that we provide to
you electronically satisfy any legal requirement that such
communications be in writing.

7

Pricing and availability

7.1

We list availability information for the Goods sold by us on the
Website but we shall not be more specific on availability nor do we
accept any responsibility whatsoever if the Goods are unavailable.
As we process your Order, we will inform you by email if any
Goods you order turn out to be unavailable.

7.2

Dispatch estimates are simply estimates and are not guaranteed
dispatch times. Accordingly they should not be relied upon as
such.

7.3

All prices stated are valid for the day of issue. Unless otherwise
agreed with us ;

7.3.1

the prices stated on our Website are exclusive of packaging,
transport, insurance and customs duties and any other duties ; and

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7.3.2

you will pay for the cost of the delivery as well as any other
charges that are deemed appropriate at the time of delivery

8

Website Disclaimer

8.1

The information contained in the Website is for general
information only. Whilst we have provided the information and
shall endeavour to keep the information up to date and correct, we
make no representations or warranties of any kind, express or
implied , about the completeness, accuracy, reliability,
performance, timeliness, suitability or availability with respect to
the Website or the information, Goods, services, or related
graphics contained in the Website for any purpose. You
acknowledge that such information and Goods offered on this
Website may contain inaccuracies or errors and we expressly
exclude liability for any such inaccuracies or errors. Any reliance
you place on such information is therefore strictly at your own risk.

8.2

In no event, will we be liable for any loss or damage including
without limitation, indirect or consequential loss or damage or any
loss or damage whatsoever arising from loss of data or profits
arising out of or in connection with the use of the Website. It shall
be your own responsibility to ensure that any Goods, services or
information available through this website meet your specific
requirements.

8.3

Through the Website you are able to link to other Websites which
are not under our control. We have no control over the nature,
content and availability of those sites. The inclusion of any links
does not necessarily imply a recommendation or endorse the views
expressed within them.

8.4

Every effort is made to keep the Website running smoothly.
However, we take no responsibility and will not be liable for the
Website being temporarily unavailable due to technical issues
beyond our control.
You declare that you have examined the Goods and that they
are in every respect satisfactory ;

8.5

8.6

We do not sell the Goods subject to any condition or warranty
express or implied save those implied by the provisions of section
14 of the Act so that without prejudice to the generality of the
foregoing there is excluded ;

8.6.1

any condition of fitness of the Goods for any particular purpose;

8.6.2

in cases where the Goods are sold by reference to a description,

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any condition that the Goods will correspond with the description,
any condition that the Goods will corresponds with the description ;
or

8.6.3

where the Goods are sold by reference to a sample, any condition
that the bulk will correspond with the sample in quality, that the
you will have a reasonable opportunity of comparing the bulk
with the sample, and that the Goods will be free from any defect
rendering them unmerchantable, which would not be apparent on
reasonable examination of the sample ; and

8.6.4 any condition of merchantable quality in respect of the Goods

8.7

in conjunction with clause 7 above, nay delivery time stated is an
estimate only. Time for delivery shall not be of the essence to our
contract and we 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

9

Damaged or Defective Goods

9.1

You must inspect the Goods on delivery and if the Goods are
damaged or defective on delivery or the incorrect quantity of
Goods are delivered, you must notify us within 2 working days of
delivery ;

9.2

If you notify us that the Goods have been damaged on delivery
then we shall arrange to collect the Goods or we may ask you to
return the Goods to us at our expense ;

9.3

If your claim that the Goods are defective is valid then we will
repair or replace the Goods. If this is not possible, we will refund
you the current market value of the defective Goods ;

9.4

We will only accept returned Goods if you ;

(i) have notified us that you are returning the Goods and we have
accepted this ;

(ii) have stored and handled the Goods in satisfactory condition;

(iii) provide us with proof of purchase ; and

(iv) properly inform us about the details of the defect

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10 Private Policy

10.1

This clause sets out how we use and protect any personal
information that you give us when you use this website. We are
committed to ensuring that your privacy is protected. Should we
ask you to provide certain information by which you can be
identified when using this website, we assure you that it will only
be used in accordance with this provision.

10.2

We may collect the following information from you;

10.2.1 name and job title;

10.2.2 contact information including email address ;

10.2.3 demographic information such as postcode, preferences and
interests

10.2.4 other information relating to customer surveys and/or offers

10.3

We are committed to ensuring that your information is secure. In
order to prevent unauthorised access or disclosure we have put in
place suitable, physical, electronic and management procedures to
safeguard and secure the information we collect online. Personal
data may be stored at nay data centre where we think is
convenient.

11

Termination

11.1

We shall be entitled forthwith to terminate the Order by written
notice to you if you fail to make payment in accordance with the
Terms ;

11.2

Either Party may terminate the Order if the other

11.2.1 commits a material or persistent breach of the Terms and fails to
remedy it within 30 days of written notice being given to it by the
other party to do so ; or

11.2.2 ceases to carry on its business ;

11.2.3 becomes insolvent or bankrupt or is unable to pay debts as they fall
due.

11.3

Any rights to terminate the Order shall be without prejudice to the
other’s rights.

11.4

On termination of the Order for any reason neither us nor you shall

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(subject to the accrued rights) have further obligation under the
Terms to the other.

12

Risk and Title

12.1

Risk of loss or damage to the Goods shall pass to you as soon as
we have delivered the Goods to your premises or as soon as the
Goods shall be collected by you as the case may be in the manner
that we have thereby parted with possession thereof.

12.2

The title and property in the Goods shall remain with us until all
due funds relating to the Goods have cleared. Payment must be
made in full upon purchase of the Goods .

12.3

Until title of the Goods passes to you in accordance with this
clause 12, you agree to hold the Goods on a fiduciary basis for us.
You further agree that you shall keep the Goods separately
identifiable from all your other goods or those of any third party so
that they can be easily identifiable as our property. You agree to
keep the Goods in a satisfactory condition and keep them properly
insured on our behalf for their full price against all risks and if we
ask you you must show us the policy of insurance

13

Limitation of Liability

13.1

Nothing in the Terms shall limit or exclude our liability for death
or personal injury caused by our own negligence or fraud or any
breach or any liability which cannot be excluded by law ; and

13.2

In conjunction with clause 8.2 hereof , we shall not be liable to you
for any loss or damage ;

13.2.1 where there is no breach of a legal duty owed to you by us by our
employees or agents ;

13.2.2 where such loss or damage is not reasonably foreseeable to us
when we accept the Order ;

13.2.3 to the extent that any increase in loss or damage results from a
breach by you of any of the Terms ;

13.2.4 any consequential losses such as loss of business profits , loss of
earnings or any other type of indirect losses

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14. Force Majeure

We shall be released from our obligations in the event of any cause
beyond our reasonable control which renders the performance of the
Terms impossible. We will not be held responsible for any delay or
failure to comply with our obligations under the Terms if the delay or
failure arises from any cause which is beyond our reasonable control.
This clause does not affect your statutory rights.

15. Notices

15.1

All notices to be given under the Terms shall be in writing ;

15.2 Each notice shall be addressed to the address of the party
concerned set out in the Terms or to such other address at that the
Party shall have previously notified to the other Party

16 Nature of the Terms

16.1

These Terms contains the entire agreement between us in respect
to its subject matter and supersedes all previous agreements and
understandings between us and may not be modified except in
accordance with clause 4.3 above

16.2

You have not relied upon any representation or warranty by us
except as expressly stated or referred to in the Terms. Our rights
under the Terms shall not in any way be affected by any time or
other indulgence granted by us

16.3

In the event that any part or parts of the Terms or the extent hereof
shall be held illegal or null and void by any court or administrative
body of competent jurisdiction the Parties being separately advised
agree such determination shall not affect the remaining parts or
extent of the Terms and it shall remain in full force and effect as if
such part or parts or extent determined illegal or void had not been
included herein

16.4

The Terms are personal to you and you may not assign, transfer,
sub-contract or otherwise part with or subrogate any right or
obligation under the Terms without our prior written consent.

16.5

The Terms are not enforceable by any person other than the Parties

17 Governing Law and Jurisdiction

The Terms shall be governed by and construed in accordance with
the laws of Gibraltar and the Parties hereby submit to the exclusive
jurisdiction of the Supreme Court of Gibraltar