In this document the following words shall have the following meanings:
1.1 “Buyer” means the person who buys Goods from the Seller
1.2 “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977
1.3 “Goods” means the articles that the Buyer agrees to buy from the Seller
1.4 “List Price” means the list of prices of the Goods maintained by the Seller as amended from time to time
1.5 “Seller” means DNA – IBIZA, (Dimitris Katsarlinos & Andreas Manios)
1.6 “Terms and Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
2.1 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.
2.2 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.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyers acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Seller.
2.5 Nothing in these Terms and Conditions shall affect the Buyers statutory rights as a Consumer.
2.6 The Seller gives no assurance as to the mutual compatibility of components sold on any single order. It is the responsibility of the Buyer to ensure that all goods purchased are suitable for the purpose intended.
3 PRICE AND PAYMENT
3.1 The price of the Goods shall be that stipulated in the Sellers current List Price/on the Sellers website/as contained in the Sellers Quotation (as applicable) at the date of order or as agreed between the parties.
3.2 Prices are shown without Delivery.
3.3 Every effort is made to ensure that prices shown on the Sellers website are accurate at the time of order. If an error is found, the Seller will inform the Buyer as soon as possible and offer the Buyer the option of reconfirming the order at the correct price, or cancelling the order.
3.4 The Buyer will be able to see the Price and the Delivery costs through ”Check out” of the order.
3.5 Payment will only be carried out through Paypal & Bank transfer. Payment of the total purchase price (including VAT and any delivery charges) must be made in full before dispatch of the Goods.
4.1 Delivery of the Goods shall be made by the Seller notifying the Buyer that the Goods are available for delivery to such place and on such terms as agreed between the Seller and the Buyer at the time the order is placed.
4.2 All Goods, wherever possible, will be delivered within 28 days of the order being placed and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
4.3 The Seller shall use its reasonable endeavours to meet any date stated 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.
4.4 Goods are subject to availability. Some Goods may not be in stock at the time the order is placed. In the event that the Seller is unable to deliver the Goods within the time specified in Clause 4.2, the Seller will contact the Buyer to advise of the situation and the Buyer shall be entitled to cancel the order and receive a full refund or agree a later delivery date.
4.5 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
4.6 Should the Buyer not take delivery of the goods, the Buyer will be liable for the cost of redelivery.
5 WARRANTY AND GUARANTEES
5.1 The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller.
5.2 In addition to the Buyers statutory rights, the Seller guarantees all Goods against faulty workmanship and materials for a period of 12 months from the date of delivery.
5.3 Should any products carry a manufacturer extended warranty period, it is the sole Responsibility of the buyer to liaise directly with the manufacturer of the product for full details of the warranty agreement should it be found faulty.
6 CANCELLATION AND RETURNS
6.1 The Buyer shall inspect the Goods immediately upon receipt and must sign the delivery note as ‘Unchecked’ or ‘Damaged’ if there is visible box damage. The Buyer shall notify the Seller within 3 days of delivery if the Goods are damaged or do not comply with any of the Contract.
6.2 Where a claim of defect or damage is made then it shall be the responsibility of the Buyer to return the faulty Goods.
6.3 Goods must obtain a Return Manufacturer Authorisation (RMA) Number before being sent back to the Seller. Goods to be returned must clearly show the RMA number obtained from the Seller on the package.
6.4 Where returned Goods are found to be damaged due to the Buyers fault the Buyer will be liable for the cost of remedying such damage.
6.5 Where Goods are purchased via the internet, in accordance with the Distance Selling Regulations Act, the Buyer has the right, in addition to any other rights, to cancel the Goods and receive a refund by informing the Seller in writing or by email within 7 working days of receipt of the Goods. The Goods must be in perfect condition and no seals broken. Should the Goods be unfit for re-sale, the Seller may reject the RMA.
6.6 Goods must be returned at the Buyers cost and should be adequately insured during the return journey. The Buyer shall receive a refund of all monies paid for the Goods (excluding delivery charges, if any) except for return postal charges within 30 days of cancellation.
7 LIMITATION OF LIABILITY AND RISK
7.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury, however the Seller shall not be liable for any direct loss or damage suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Goods.
7.2 The Seller shall not be liable under any circumstances to the Buyer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
7.3 Risk in Products shall pass to the Buyer upon delivery.
8 FORCE MAJEURE
Neither party shall 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 party 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 as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
10 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of Spain and the parties hereby submit to the exclusive jurisdiction of the Spanish courts.
11 DATA PROTECTION
11.1 The Seller will take all necessary precautions in order to keep the details of the Byers orders and personal documents such as name, surname, address etc secure. These documents are protected by the principle of protection of the personal documents that the Seller should respect. These documents are used from the Seller only if the Buyer agrees and allows it in order to be informed for the products or for the communication between the Seller and the Buyer.
11.2 Concerning the data of the Buyer’s credit card, Paypal keeps and deals with all card data and the company does not keep any of them. Consequently the Seller is not liable in case the data of his credit card run through the Internet.
11.3The Seller will not be liable for unauthorized access to the information supplied by the Buyer.
Product images are for illustrative purposes only and may differ from the actual product.
13 DAMAGE OR LOSS IN TRANSIT
13.1 The Seller will repair or replace, free of charge any Goods damaged or lost in transit, provided that the Buyer signed the courier delivery note as ‘Unchecked’ or ‘Damaged’ if there is visible box damage. A written notification to the Seller must be made within 2 days of delivery.
13.2 In case the Goods are lost in transit, a written notification to the seller must be made within 3 days of the expected delivery date.
DNA – IBIZA