Garden & Outdoor Products Wholesale Supplier UK – Page 5 – DGI UK Group LTD

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Welcome to DGI Group! This website is owned and operated by the DGI Group and will be referred to as “The Group”, "we", "our" and "us" in these terms and conditions. These terms and conditions outline the rules and regulations for the use of DGI Group International Group's Website, located at www.dgigroup.uk. By accessing this website, we assume you accept these terms and conditions. Do not continue to use www.dgigroup.uk if you do not agree to take all of the terms and conditions stated on this page. Definitions In these conditions the following expressions shall have the following meanings: “The company” means DGI Group International Group and also where the context so permits its assigns and any sub-contractors for the said company. “Goods” means the articles or things or any of them described in the contract between the company and the Buyer for the sale of goods. “The Contract” means the Company’s quotation for the sale or supply of the goods and document referred to therein, these conditions of sale, the Buyers order for the Goods and the Company’s acknowledgement thereof and if there shall be any inconsistency between the documents comprising the Contract they shall have precedence in the order herein listed. “The Buyer” means the person, firm or company with whom the Contract is made by the Company whether direct or indirectly through an agent or factor who is acting for, or instructed by, or whose actions are ratified by such person, firm or company in writing, by telex, by telephone or verbally. “Company‘s Premises” means the premises mentioned in the Company‘s quotation or other contractual document or, if not so mentioned, means the Company‘s work at Sakhi House, Bridge Street, Manchester M27 4DU, UK. The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same. General These conditions shall be deemed to be incorporate in all contracts of the Company to sell Goods and in the case of any inconsistency with any order, letter or form of contract sent by the Buyer to the Company or any other communication between the Buyer and Company whatever may be their respective dates, the provisions of these conditions shall prevail unless expressly varied in writing and signed by a director on behalf of the Company .Any concession made or latitude allowed by the Company to the Buyer shall not affect the strict rights of the Company under the Contract. If in any particular case any of these conditions shall be held to be invalid or shall not apply to the Contract the other conditions in full force and effect. Notwithstanding that the Company may have given a detailed quotation no order shall be binding on the Company unless and until it has been accepted in writing by the Company. Suitability of Goods All the goods are supplied by the Company in good faith as suitable for the purpose indicated on the packaging and in the leaflets and literature. However, as the Company cannot exercise control over mixing or use, all conditions and warranties, statutory or otherwise, as to the quality or fitness of our goods for any purpose, are excluded and no responsibility will be accepted by the Company for any damage or injury arising from their storage, handling, application or use except in so far as such exclusion is prevented by English Law. Any liability in respect of the quality or fitness for purpose of goods supplied shall not extend to loss of profits or consequential losses of any kind. Prices The price for Goods ordered by the Customer shall be the Price relevant to the ordered Goods as stated in the Price List, on the website or within a written quotation, and will be current as at the date of order. Unless otherwise expressly stated to be firm for a period the Company‘s prices are subject to variation to take account of variations in wages, materials or other costs since the date of the order .The Company accordingly reserves the right to adjust the invoice price by the amount of any increase or decrease in such costs after the price is quoted and the invoice so adjusted shall be payable as if it were the original contract price. All prices displayed are exclusive of VAT and this will be charged at the appropriate rate. The Buyer agrees to any for any loss or extract cost incurred by the Company through the Buyer’s instructions or lack of instructions or lack of instructions or through failure or delay in taking delivery or through any act or default on the part of the Buyer its servants agents or employees. A minimum order value of £750 net applies to each UK mainland order, this is before VAT and delivery. Carriage is free on orders over £1,000 for UK mainland. The cost of carriage for Orders to other countries is based on the delivery location and the Order size. Payment The Company shall be entitled to invoice the Customer for the Goods ordered on or at any time after dispatch of the Goods or any instalment thereof. The Customer shall make payment for the Price and any Additional Charges in sterling. Any payment received by the Company in any other currency will not be deemed to be payment for the goods in question Payment of the invoice shall be due and payable without any set-off or other deduction within the specified number of days, as stated in the Customer’s Credit Agreement and on the Invoice issued at time of dispatch. In the event that the Customer fails to pay any invoice from the Company by the due date then, without prejudice to any other right or remedy available to the Company, all invoices issued to the Customer by the Company in respect of any Goods sold or supplied pursuant to these Terms shall immediately fall due for payment and any credit offered or extended by the Company to the Customer in respect of the same shall be cancelled forthwith. If the Customer fails to pay any invoice on or before the due date then, without prejudice to any other right or remedy available to the Company: the Company shall be entitled to withhold delivery of any outstanding orders for Goods or any instalment thereof (being the subject of the Contract or any other contract) until the Price and any Additional Charges are paid in full; and the Company shall be entitled to terminate the credit account of the Customer upon notice to the Customer in writing. The Goods & Delivery Any samples, drawings, descriptive matter, or advertising produced by the Company and any descriptions or illustrations contained in the Company’s catalogues, on the website or in brochures are produced for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract or have any contractual force. To the extent that the Goods are to be manufactured in accordance with a specification supplied by the Customer, the Customer shall indemnify the Company against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by the Company in connection with any claim made against the Company for actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with the Supplier's use of the Specification. This clause 5.2 shall survive termination of the Contract. The Company reserves the right to amend the specification of the Goods or if required by any applicable statutory or regulatory requirements. The Customer is responsible for ensuring that they provide the Company with full and accurate delivery details. The Company will not be liable for any mis-delivery arising out of incorrect information provided. Orders received by 12 noon and on a weekend will be dispatched the following working day. Delivery times are not binding. Goods supplied will normally be delivered within the following number of working days from dispatch: mainland UK within 3-5 working days UK Highlands and offshore Islands within 5-8 working days Europe within 10-14 working days Deliveries are made by trucks, and the Customer must ensure that there is suitable access to be able to stop and unload safely. The Customer must be available to sign for and unload the delivery. Deliveries must be signed for by someone aged 18 or over. In the event of a failure to accept any delivery by the Customer, otherwise than by reason of the Company’s fault or by reason of Force Majeure, the Price and any Additional Charges shall immediately become due for invoice in accordance with clause 4.1 and the Company shall be entitled to store the Goods until actual delivery and charge the Customer for the reasonable costs of storage (including insurance), the Goods being held at the Customer’s risk. Collection is free of charge on orders over £750 from the Company’s distribution centre and must be pre-arranged by contacting the Company and organising an appropriate time. Orders must be collected within 72 hours of the Effective Date. The Company shall have the right to deliver Goods in instalments. Return of Goods The Company does not accept returns of non-faulty items. Customers are expected to check all product items sign for all consignment immediately on delivery and in the event of goods being damaged they should not be signed for, nor accepted, but left with the Carriers. However, if the damage or short delivered goods are accepted, the goods should be signed for as damaged or short delivered. Confirmation of the claim must be made in writing to both the Carriers and the Company as follows: - Within 7 days of invoice for non-delivery of the whole or any part of the consignment. Within 7 days of delivery for damaged goods. Signature endorsed ‘unexamined ‘or ‘unchecked ‘will not be accepted by Carriers as a basis for a claim. Failure to comply with the above mentioned procedure will invalidate claims. Default or Insolvency of Buyer If the Buyer shall be in breach of any of its obligations under the contract or if any distress or execution shall be levied on the Buyer’s property of assets or if the Buyer shall make of offer to make any arrangements or composition with its creditors or commit any act of bankruptcy or if any bankruptcy petition be presented against him or (if the Buyer is a company) if any Resolution or Petition to wind up such company, voluntarily or otherwise, Shall be passed or presented or if a Receiver of the whole or any part such company’s undertaking, property or assets shall be appointed, or if any application shall be presented for the making of an Administration Order in respect of such company, the Company in its discretion and without prejudice to any other right or claim may, by notice in writing, determine wholly or in part any and every contract between the Company and the Buyer or may (without prejudice to the Company’s right subsequently to determine the contract for the same cause should it so decide), by notice in writing suspend further deliveries of Goods until any defaults by the Buyer be remedied. Conditions & Warranties The liability of the Company to the Buyer for any loss or damage whatsoever nature and howsoever caused be limited to and in no circumstances shall exceed the price of the Goods but without prejudice to Clause 10 below. The contract shall not constitute a sale by description or sample. Subject as expressly provided in these conditions and except where Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), an conditions or warranties (whether express or implied by statute common law or arising from conduct or a previous course of dealing or trade custom or usage) as to the quality of the Goods or their fitness for any particular purpose (even if that purpose is made known expressly of by implication to Company) or as to the correspondence the Goods with any description or sample are hereby expressly negative. Where Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statement) Order 1976), the statutory rights of the Buyer are not affected by these Conditions. Defective Goods In substitution for all rights which the Buyer would or might have but for these Conditions the Company undertakes in the case of Goods manufactured by the Company that if within three months of delivery of any item of the Goods a serious defect in materials of workmanship appears therein it will at its own discretion either credit to the Buyer in full the price paid by the Buyer to the Company for such item or repair it or supply a replacement thereof free of charge at the place of delivery specified by the Buyer for the original Goods provided that in any case they have been accepted and paid for. In the case of Goods not manufactured by the Company, the Company will pass on to the Buyer to the extent that it is able any benefits obtainable under any warranty given by the Company’s supplier provided that the Goods have been accepted and paid for. In order to exercise its right under this Condition the Buyer shall inform the Company within seven days of the date when such defect appeared or ought reasonable to have been discoverable and shall at the Company’s written request return the defective Goods carriage paid to the company’s premises. Nothing herein shall impose any liability upon the Company in respect of any defect in the Goods arising out of the acts omissions negligence of default of the Buyer its servants or agents including in particular but without prejudice to the generality of the foregoing any failure by the Buyer to comply with any recommendations of the Company as to storage and handling of the Goods. Where the Goods are for delivery by instalments any defects in any instalments shall not be a ground for cancellation of the remainder of the instalments and the Buyer shall be bound to accept delivery thereof. Nothing in these Conditions shall have the effect of excluding or restricting the liability of the Company for death or personal injury resulting from its negligence in so far as the same is prohibited by United Kingdom statute. Faulty goods will be credited when and only when such goods have been returned to the Company’s premises and on their receipt, they will be inspected and if deemed faulty a credit note will be issued. A Buyer does not have the right to reduce the amount payable on any invoice by the value of any such faulty goods not yet returned to or credited by the Company unless agreed in writing by the Company’s Management. Audit & Compliance The Company shall use reasonable endeavours to maintain complete and up to date records and documentation in connection with its obligations under this Contract. The Company shall allow the Customer to inspect such records and documentation at all reasonable times on request If the Company is the subject of a request, court order or other directive of a governmental or regulatory authority to withdraw any Goods from the market (Recall Notice) it shall immediately notify the Customer in writing enclosing a copy of the Recall Notice. If required the Customer agrees to undertake a product recall or withdrawal in accordance with the Company's instructions as to the process of implementing the withdrawal. Consequential Loss The company shall not liable for any costs claims or damage or expenses arising out of a tortuous act or omission or any breach of contract or statutory duty calculated by reference to profits income productions or accruals or by reference to accrual of such claims damages or expenses on a time basis. Cancellation Save as provided in Conditions 14 and 17 hereof contracts may not be cancelled expect by agreement in writing of both parties and upon the payment to the Company of such amount as may be necessary to identify the company against all loss resulting from the said cancellation. Representations No statement, description, information, warranty, condition or recommendations contained in any web page, catalogue, price list, advertisement or communication or made verbally by any of the agents or employees of the Company shall be construed to enlarge, vary or override in any way any of these conditions. Force Majeure The company shall be entitled to delay or cancelled delivery or to reduce the amount delivered if it is prevented from or hindered in or delayed in manufacturing, obtaining or delivering the Goods by normal route or means of delivery through any circumstances beyond its control including but not limited to strikes, lock-outs, accidents, war, fire, reduction in or unavailability of power at manufacturing plant, breakdown of plant or shortage or unavailability of raw materials from normal source of supply. Value Added Tax All prices quoted are normally shown exclusive of VAT. which will be payable by the Buyer and charges at the rate ruling at tax point. Headings The headings in these Conditions are intended for reference only and shall not affect their construction. Cookies We employ the use of cookies. By accessing DGI Group, you agreed to use cookies in agreement with the DGI Group International Group's Privacy Policy. Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies. License Unless otherwise stated, DGI Group International Group and/or its licensors own the intellectual property rights for all material on DGI Group. All intellectual property rights are reserved. You must not: Republish material from DGI Group Sell, rent or sub-license material from DGI Group Reproduce, duplicate or copy material from DGI Group Redistribute content from DGI Group This Agreement shall begin on the date hereof. Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. DGI Group International Group does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of DGI Group International Group, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, DGI Group International Group shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website. DGI Group International Group reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions. You warrant and represent that: You are entitled to post the Comments on our website and have all necessary licenses and consents to do so; The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party; The Comments do not contain any defamatory, libellous, offensive, indecent or otherwise unlawful material which is an invasion of privacy The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity. You hereby grant DGI Group International Group a non-exclusive license to use, reproduce, edit and authorise others to use, reproduce and edit any of your Comments in any and all forms, formats or media. Hyperlinking to our Content The following organisations may link to our Website without prior written approval: Government agencies; Search engines; News organisations; Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and System wide Accredited Businesses except soliciting non-profit organisations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site. These organisations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site. We may consider and approve other link requests from the following types of organisations: commonly-known consumer and/or business information sources; dot.com community sites; associations or other groups representing charities; online directory distributors; internet portals; accounting, law and consulting firms; and educational institutions and trade associations. We will approve link requests from these organisations if we decide that: (a) the link would not make us look unfavourably to ourselves or to our accredited businesses; (b) the organisation does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of DGI Group International Group; and (d) the link is in the context of general resource information. These organisations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site. If you are one of the organisations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to DGI Group International Group. Please include your name, your organisation name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Please wait 2-3 weeks for a response. Approved organisations may hyperlink to our Website as follows: By use of our corporate name; or By use of the uniform resource locator being linked to; or By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site. No use of DGI Group International Group's logo or other artwork will be allowed for linking absent a trademark license agreement. iFrames Without prior approval and written permission, you may not create frames around our Web pages that alter in any way the visual presentation or appearance of our Website. Content Liability We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights. Your Privacy Please read our Privacy Policy. Reservation of Rights We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions. Removal of links from our website If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links, but we are not obligated to or so or to respond to you directly. We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date. Disclaimer To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will: limit or exclude our or your liability for death or personal injury; limit or exclude our or your liability for fraud or fraudulent misrepresentation; limit any of our or your liabilities in any way that is not permitted under applicable law; or exclude any of our or your liabilities that may not be excluded under applicable law. The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty. As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature. Proper Law The Contract shall in all respects be governed by English Law and shall be deemed to have been made in England and the Buyer and the Company agree to submit to the non-exclusive jurisdiction of English Courts.

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