TERMS AND CONDITIONS OF SALE OF Discotag.com
“Buyer” means the individual or organisation who buys or agrees to buy the Goods from the Seller;
“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 Discotag.com of, ADDRESS that owns and operates discotag.com
“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;
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.
Your access to and use of discotag.com (“website”) signifies your agreement to be bound by these Terms and Conditions. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
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 1.4.
You agree to indemnify and hold discotag.com and its employees harmless from and against all liabilities, legal fees, damages, losses, costs and expenses in relation to any claims or actions brought against discotag.com arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
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 30 days.
When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are to add a product to the basket by clicking ‘add to basket’ and following the instructions on screen to proceed through the checkout pages, supplying the appropriate details along the way. A confirmation email will be sent to the customer of the order.
4 PRICE AND PAYMENT
The price of the Goods shall be that stipulated on the Website. The price is inclusive of any taxes. The price excludes delivery charges which can be seen in the basket area.
The total purchase price, including delivery 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 email the details, description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer.
Payment of the price plus delivery charges must be made in full before dispatch of the Goods.
5 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 remove or edit content or cancel orders from the Website at any time. If we cancel an order then it will be without charge to the buyer.
The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
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. Your continued use of the website following any changes shall be deemed to be your acceptance of such changes.
6 AGE OF CONSENT
Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.
If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.
The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.
Goods will normally be delivered as follows: Lithuania – within 4 working days, Europe – within 10 working days, Rest Of The World – within 15 working days of acceptance of order (we generally dispatch within 1 working day via Lithuanian Post).
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 endeavors 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.
Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
9 DAMAGED GOODS AND RETURN
The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by email firstname.lastname@example.org within 7 working days of delivery if the Goods are damaged or do not comply with any of the Contract.
If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
Where a claim of defect or damage is made the Seller shall be responsible for the recovery of the Goods from the Buyer. The Buyer shall be entitled to a full refund (including delivery and return costs) if the Goods are in fact defective.
You can only return products which have been purchased directly through this Website. You may return products which you wish to exchange or return within 14 days from the date on which the goods were delivered to you.
Goods must be returned unused and/or sealed at the Buyer’s expense and should be adequately insured during the return journey. You should return the goods to us as soon as reasonably practicable.
The Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges within 14 days after the goods will be delivered back to us.
Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.
10 DISCLAIMERS AND 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.
The website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites. Both the Buyer and the Seller acknowledge and agree that the Seller is not responsible for the content or availability of any such sites.
The contents of the website do not constitute advice and should not be relied upon in making or refraining from any decision.
The Website is provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
Discotag.com makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of discotag.com for death or personal injury as a result of the negligence of discotag.com or that of its employees or agents.
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.
12 FORCE MAJEURE
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 and continue to be binding and enforceable.
All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to discotag.com as permitted by law.
In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.