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Digibook Standard Terms & Conditions for Sale of Goods

1. Definitions

In this document the following words shall have the following meanings:

1. "Buyer" means the photographer, organisation or person who buys the Goods
  2. "Goods" means the articles to be supplied to the Buyer by the Seller;
3. "Seller" means Digibook Products. Rua Mondego Lote, Apartado 84, Nelas, 3520-999, Portugal

 

2. General

1. These Terms and Conditions shall apply to sales of Goods by the Seller to the Buyer. 
2. 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.

 

3. Price and Payment

1. The price shall be the Price published unless otherwise agreed in writing between the parties.
2. As credit is NOT offered, payment of the price and any other applicable costs including shipping costs shall be due on the date of the invoice supplied by the Seller,
     unless otherwise agreed in writing. Full payment will be required before release of goods by the Seller.
 3. If payment of the price is not made when due, the Seller shall be entitled to refuse to make delivery of any undelivered Goods without incurring any liability whatever.
 4. Payment for Goods is normally requested 7-10 days before completion of the manufacturing process.

 

4. Delivery

 1. Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer. The Buyer shall make all arrangements necessary
     to take delivery of the Goods whenever they are tendered for delivery.
 2. If the Seller is unable to deliver the Goods because of actions or circumstances under the control of the Buyer, then the Seller shall be entitled to place the Goods
     in storage until such times as delivery may be effected and the Buyer shall be liable for any expense associated with such storage.
 3. Any damages, shortages, over deliveries and duplicated orders should be reported to the Seller within 3 days of signed receipt to enable replacement or refund.

 

5. TITLE

Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.

 

6. RETURN OF GOODS

 1. All goods are sold on a firm sale basis, i.e. the Seller will not take back any goods not required or sold by the Buyer, unless otherwise agreed,
     in which case the following terms apply.
 2. Any returns must be authorised by a representative of the Seller before any credit will be given.
 3. Where the Seller agrees to accept the return of goods that are not damaged the Buyer will be responsible for the cost of carriage and will ensure that
     they are carefully packaged to avoid any damage in transit. The Seller will not be obliged to accept any goods that are damaged in any way.
 4. Where the Goods have to be returned due to damage or negligence in the manufacturing or transport of the Goods, the Seller’s obligation will
     be limited to replacing the Goods only.
 5. The buyer must sign and return a triplicate credit note application, which will be supplied by the Seller and only after this has been received by the Seller,
     will the credit note be issued.

 

7. LIMITATION OF LIABILITY

 1. The Seller shall not be liable for any loss or damage suffered by the Buyer in excess of the contract price.
 2. Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the Seller
     for death or personal injury as a result of the Seller's negligence or that of its employees or agents.

 

8. 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, 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 the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.

 

9. RELATIONSHIP OF PARTIES

Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.

 

10. WAIVER

The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.