Digital SoUK’s Terms
Updated 24 September 2020
Our Terms are a legally binding contract between you and Digital Souk Ltd (Digital SoUK) with its registered office in England at Unit 4, The Cottages, Deva Centre, Trinity Way, Manchester, M3 7BE. Your rights and responsibilities regarding the use of our Services (DigitalSo.UK or any other services provided by Digital SoUK) are detailed here and in other sections below. If you make use of our Services by shopping at DigitalSo.UK or browsing the website this means you accept our Terms. You should not use our Services if you do not agree to this.
You must be at least 18 years old to use our Services.
Selling Goods
Our Sales Terms and Conditions, or just Sales Terms, apply to when we sell goods to you as our customer. By ordering goods you agree to be bound by our Sales Terms. Goods mean the products listed on our Services that we supply to you in the quantity and description set out in your order.
Our Sales Terms are intended to apply to when you purchase goods from us only for your private and domestic use. In other words, acting as a Consumer outside of trade, professional or other activities. You should let us know if this is not the case so that we can use a contract that applies to you acting in a business capacity.
The description of the Goods is as set out in the Services (website, catalogues, brochures or other form of advertisement). Any description is for illustrative purposes only and there may be small variations, eg the colour you see on your screen vs that of the physical goods, in the Goods supplied.
If we make or customise any Goods to your special requirements, it is up to you to ensure that the information or specification you provide is accurate.
The Goods listed on the Services are subject to availability.
We may make changes to the Goods in order to comply with laws and safety regulations.
The description of the Goods on our Services does not constitute a contractual offer to sell the Goods. If we have to reject an order we’ll let you know the reason as soon as possible.
The order process as set out on our Services allows you to check, update and correct any errors on your order before submitting it. It is your responsibility to correctly follow the steps of the order process and to check the details of your order.
We use and store your personal information as detailed in our Privacy document. You agree to us communicating with you by email, other electronic communications methods or post.
A Sales Contract for the Goods ordered will come into effect between us when you receive a confirmation email from us. You must check that the details of the confirmation email are correct. We are not responsible for any errors in an order placed by you. We will send the confirmation email soon after you have placed the order and not later than when the Goods are delivered.
No variation of the Sales Contract, regarding the description of the Goods, prices or otherwise, can be made after it has been entered into unless the variation is agreed between you and ourselves in writing.
We’ll include a link to our Sales Terms in the confirmation email. If there are any problems with the Goods you have ordered we’ll notify you in the confirmation email and you’ll have the option to choose alternative Goods or receive a refund for the Goods we are unable to supply. Save or print out the confirmation email and our Sales Terms.
The price of the Goods and any additional delivery or other charges is that set out on the Services at the date of the Order or such other price as we may agree in writing.
We do our best to keep the prices of the Goods accurate but if we have made a mistake with a price we will inform you as soon as possible. You can reconfirm your order at the corrected price or cancel it, receiving a full refund if you have already paid.
You must provide us with the correct, accurate details (such as your name, address and billing address) when ordering and purchasing the Goods. It is up to you to notify us as soon as possible if any of these details change. The credit or debit card you use to pay must be your own and you should ensure it has sufficient funds to cover the cost of the purchase.
During the order process you will be presented with payment options such as credit or debit card or electronic bank to bank transfer (BACS). You will submit the required credit or debit card details or carry out the payment steps applicable to other payment methods available. Credit or debit card payments will be processed immediately and the Goods will be disptached once we have received confirmation of successful processing of the card payment by our card payment processor. When using other payment methods the Goods will be dispatched once the payment is received in our bank account or payment wallet. Costs for shipping will also be charged at the same time payment for the Goods is processed.
Withdrawal, returns and cancellation
You can withdraw your order before we send the confirmation email that initiates the Sales Contract by emailing gbw@digitalso.uk or phoning +447453255007 (weekdays 10:00 to 18:00).
You can cancel the Sales Contract, except for any Goods which are made to your special requirements, (the Returns Right) by telling us no later than 30 calendar days from the day the Sales Contract was entered into. This could be because you are not 100% satisfied with your purchase or have changed your mind, though we require no reason. The Returns Right is without liability except that you must return the Goods, undamaged, in their original packaging with proof of purchase and at your expense, to our business premises. Then we must without delay refund to you the price for those Goods which have been paid for in advance, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods. This Returns Right is different and separate from the Cancellation Rights below.
This Sales Contract is also a distance contract because you are purchasing the goods online using our Services or through other forms of communication at a distance. Cancellation Rights therefore apply to this Sales Contract. Cancellation Right’s don’t apply to Sales Contracts for Goods that were customised or made to your special requirements, to Goods susceptible to rapid deterioration or Goods worth £42 or less.
Cancellation Rights:
You can cancel the Sales Contract within 14 days for whatever reason; subject to our Terms.
The cancellation period expires 14 days after you or a third party recipient indicated by you (other than the delivery service) takes physical possession of the Goods.
Your right to cancel is implemented when you send us an email to gbw@digitalso.uk clearly stating your decision; retain this email as evidence of cancellation. As long as you have notified us within the cancellation period your cancellation right has been excercised.
We’ll refund you the cost of Goods and delivery costs (excepting costs where you may have chosen a delivery option more expensive than the standard option offered). If you have handled the goods or used them in a way that will significantly reduce their value then you are liable for that loss of value which will be deducted from the refundable amount. We’ll pay you the refund within 14 days of our receiving the returned Goods or within 14 days of receiving evidence that you have dispatched the goods; whichever happens first.
We will pay you the refund, in British Pounds, by the same method that you paid us. Although we won’t charge a fee for the refund payment there may be currency variations that are beyond our control.
You must return the Goods as soon as possible if you cancel the contract. You have 14 days from when you cancel the contract to return the Goods, at your expense.
Delivery, Risk and Title
Delivery times stated are approximate. Goods will be sent to the address given by you in your order and stated in the confirmation email. If the Goods in your order consist of multiple items we may send you the Goods in instalments because of supply, stock, production or delivery constraints.
International deliveries (Deliveries to addresses outside the UK): The customs and tax authority of the destination country may levy import duties and taxes on the Goods. These additional charges are to your account. Customs policies vary between different countries and it is advisable to contact your local customs authority, tax office or postal organisation in advance for further information. We must include a customs declaration and invoice for Goods shipped to all destinations outside the UK: the declaration and invoice will both show the actual sales value and description of the Goods. Customs authorities may open, inspect and charge a handling fee for cross-border shipments.
We may charge you the costs related to redelivery or storage of the Goods where, through no fault of ours, you or your nominated party fail to take delivery of the goods at the delivery address.
The Goods become your responsibility, the risk of their damage or loss becomes yours, when you accept them at the delivery address Where practical you should examine the Goods before accepting them. Until they have been paid for in full you do not own the Goods. If the full payment is overdue or you are proceeding with bankruptcy arrangements we can cancel delivery of any Goods and request the return of any delivered Goods that have not been paid for.
Liability
This section applies only to the extent permitted by law. For the avoidance of doubt, Digital SoUK do not exclude or limit any liability for: (a) personal injury (including sickness and death) where such injury results from the negligence of Digital SoUK or wilful default, (b) fraudulent misrepresentation.
We are not liable for any: (a) loss which was not reasonably foreseeable by both parties at the time the Sales Contract came into effect, (b) loss, such as financial loss, in your trade, professional or other related activities which would not be experienced by a Consumer, because we believe that you are not buying the Goods for the sole or primary purpose of trade, professional or other related activities.
We do not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of listed Goods, products and services. We’ll do our best to correct any errors or omissions as soon as is reasonably possible after becoming aware of them.
If an error is discovered in the price of the Goods that you have ordered, we will inform you as soon as possible. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price, if the item(s) has been charged and not dispatched we will cancel and refund your order.
If you receive Goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, we shall, at our own option, make good any shortage or non-delivery, replace damaged or defective goods, or refund to you the amount you paid for the Goods in question provided that you notify us of the problem in writing at gbw@digitalso.uk within 10 working days of delivery of the goods. NOTHING IN THIS CLAUSE AFFECTS YOUR STATUTORY RIGHTS.
Where the Goods are to be manufactured to your specific order, such as made-to-order prints, or have to be ordered directly from the creator or manufacturer we usually require 10 working days to dispatch them. In-stock items will usually be shipped within 3 working days. If there is a delay in dispatch or unavailability of the Goods we will notify you to work out a later shipping arrangement, or give you the option of a refund or replacement. Shipping time is dependent on the type of shipping selected and the delivery destination. We will supply you with a tracking number, if this applies to the shipping method, at the time of dispatch of the Goods.
In the event of any failure by a party because of something beyond its reasonable control the party will advise the other party as soon as reasonably practicable; and the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect your rights relating to delivery and any right to cancel.
No waiver by us of any breach of these Sales Terms shall be considered as a waiver of any subsequent breach of the same or any other provision.
All intellectual property rights in our Services shall be owned by us absolutely. Subject to our Service Terms, we reserve all rights, title and interest in our intellectual property rights in our Services. Any goodwill accruing from use of our and our affiliates’ trade marks, trade and business names and service marks under these Terms will vest in us and our affiliates, as appropriate.
It is illegal to use a false name or a known invalid credit card to order.
We reserve the right to terminate the Sales Contract and to suspend or terminate your access to the Services immediately and without notice to you if:
you fail to make any payment to us when due;
you breach the Sales Terms or Service Terms (repeatedly or otherwise);
you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity, should we request this;
we suspect you have engaged, or about to engage, or have in any way been involved, in fraudulent or illegal activity on the Services.
We may update these Terms from time to time. If it is our belief that these are material changes we will announce them on the Services or notify you by email giving you the option to continue using the Services or not. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing any changes. Your continued use of the Services after the changes constitutes your acceptance of the new Terms.
These Terms supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between us and relating to your purchase. You should save or print a copy of the Terms after the Sales Contract comes into effect.
If any provision of these Terms shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of these Terms and the remainder of the affected provision shall be unaffected.