Datatag Terms and Conditions of Sale Consumer Goods
1. THESE TERMS
1.1 What these terms cover. These Terms will apply to any contract between us for the sale of Goods to you (Contract).
1.2 Why you should read them. Please read these Terms carefully and make sure that you understand them, before ordering any Goods from our site. These terms tell you who we are, how we will provide Goods to you, how you or we may change or end the Contract and what to do if there is a problem and other important information. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Goods from our site.
We amend these Terms from time to time as set out in clause 5. Every time you wish to order Goods, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated in August 2016.
These Terms, and any Contract between us, are only in the English language.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. Datatag ID Ltd operate the website www.datatag.co.uk. We are a limited company registered in England and Wales. Our Company registration number is 02203836 and our registered office is at 1 Brassey Road, Old Potts Way, Shrewsbury, Shropshire, SY3 7FA. Our main trading address is Marine House, Thorpe Lea Road, Egham, Surrey, TW20 8BF.
2.2 Our registered VAT number is 785 4023 20.
2.3 How to contact us. You can contact us by telephoning our customer service team at 01784 778 310 between the hours of 9am and 5pm or by writing to us at email@example.com.
2.4 How we may contact you. If we have to contact you we will do so by telephone or in writing to you at the email address or postal address you provided to us in your order.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when you click and submit the order to us. At this point a contract will come into existence between you and us.
3.2 If we cannot accept your order we will inform you of this and will not charge you for the Goods. This might be because the Goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Goods or because we were unable to meet a delivery deadline you have specified.
3.3 We will assign a unique reference order number to your order and we will inform you of it when we confirm the order.
3.4 Please quote your order number whenever you contact us about your order.
3.5 We will assign a unique reference order number in all subsequent correspondence with us relating to your order.
4. OUR GOODS
4.1 Goods may vary slightly from their pictures. The images of the Goods on our website are for illustrative purposes only. Although we make every effort to display the colours accurately, we cannot guarantee that a devices display of the colours or the printed pictures accurately reflects the colour of the Goods. Your Goods may vary slightly from those images.
4.2 Packaging may vary. The packaging of Goods may vary from that shown on the images on our website.
5. YOUR RIGHT TO MAKE CHANGES
5.1 Datatag may revise these Terms from time to time as it deems necessary including for changes in relevant laws and regulatory requirements.
5.2 If Datatag have to revise these Terms under clause 5.1, Datatag will give you at least 14 days’ written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 11.
5.3 You may make a change to the order for Goods at any time before Datatag despatch the Goods to you. Where this means a change in the total price of the Goods, Datatag will notify you of the amended price in writing. You can choose to cancel the Order in accordance with clause 11 in these circumstances.
5.4 If you wish to cancel an order before it has been fulfilled, please see your right to do so in clause 11.
5.5 If you wish to make changes to the product you have ordered, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the Goods. We may change the Goods:
(a) to reflect changes in relevant laws and regulatory requirements and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Goods.
6.2 More significant changes to the Goods and these terms. In addition, as we informed you in the description of the product on our website, we may make the following changes to these terms or the Goods, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect:
7. PROVIDING THE GOODS
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website when you order Goods and checkout.
7.2 When we will provide the goods we will contact you with an estimated delivery date which will be within 30 days after the day on which we accept your order. Goods will be delivered to you by First Class by Royal Mail or by courier. Please note that First Class Postal services can take up to 7 days.
7.3 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the Goods cannot be posted through your letterbox, we will leave you a note informing you if the Goods have been left with a neighbour or how to collect the Goods from a local depot.
7.4 We are not responsible for delays outside our control. If our supply of the Goods is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
7.5 Your legal rights if we deliver late. If we miss the delivery deadline for any Goods, then you may treat the contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the Goods
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
7.7 Setting a new deadline for delivery. If you do not wish to cancel your Order straight away, or do not have the right to do so, you can give us a new deadline for delivery, which must be reasonable, and you can treat the Order as at an end if we do not meet the new deadline.
7.8 Delivery of an order shall be completed when Datatag deliver the Goods to the address you give us. The Goods will be your responsibility from that time
7.9 When you own Goods. You own the Goods once we have received payment in full.
8. QUICK RESPONSE CODES (QRC)
8.1 If you have purchased one of our QRC then you must register for the QRC Service to make the most use of your QRC. You can register by clicking the link here QRC.
9. EXERCISING YOUR RIGHT TO CHANGE YOUR MIND (Consumer Contracts Regulations 2013).
For most Goods bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep the Goods, you can notify us of your decision to cancel the Contract and receive a refund. Alternatively, you are entitled to request an exchange within the same period of time and the provisions below also apply to exchanges.
9.2 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
(a) Goods sealed for security protection, once these have been unsealed after you receive them;
(b) any Goods which become mixed inseparably with other items after their delivery.
9.3 How long do I have to change my mind? If you have brought Goods you have 14 days after the day you (or someone you nominate) receives the Goods.
10. HOW TO CANCEL YOUR ORDER WITH US (including if you have changed your mind)
10.1 Tell us you want to cancel your Order. To cancel your Order with us please let us know by doing one of the following:
(a) Phone or email or post. Call 01784 778310 or email firstname.lastname@example.org. Please provide your name, home address, and your unique Order Reference number and, where available, your phone number and email address. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
10.2 Returning Goods after cancelling the Order. If you cancel the Order for any reason after Goods have been dispatched to you or you have received them, you must return them to us. You must either, post them back to us at Datatag ID Ltd House Thorpe Lee Road Egham Surrey TW20 8BF or email us at email@example.com for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the Goods within 14 days of telling us you wish to end the contract.
10.3 How we will refund you. We will refund you the price you paid for the Goods including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
10.4 Deductions from refunds. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of Goods within [3-5] days at one cost but you choose to have the Goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
10.5 When we will pay the costs of return. We will pay the costs of return:
(a) if the Goods are faulty or misdescribed;
(b) if you are cancelling the Order because we have told you of an upcoming change to the Goods or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
10.6 What we charge for collection. If you are responsible for the costs of return and we are collecting the Goods from you, we will charge you the direct cost to us of collection.
10.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(a) If the Goods are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the Goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the Goods back to us. For information about how to return Goods to us, see clause 10.2 above.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
11. OUR WARRANTY FOR THE GOODS
11.1 We provide a warranty that on delivery the Goods shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 11.2
11.2 The warranty in clause 11.1 does not apply to any defect in the Goods arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) if you fail to operate or use the Goods in accordance with the user instructions;
(d) any alteration or repair by you or by a third party who is not one of our authorised repairers; or
(e) any specification provided by you.
Datatag will not be responsible for making good any damage to your property caused by your incorrect installation or application of the Goods onto your property or equipment and or your failure to follow Datatag’s instructions for the installation or application of the Goods on your property or equipment.
12. PRICE AND PAYMENT
12.1 Where to find the Price for the Goods. The price of the Goods will be set out in Datatag’s price list in force and which is displayed on our website shop at the time Datatag confirm your order. Our prices may change at any time, but price changes will not affect order s that Datatag have already confirmed with you.
12.2 We will pass on changes in the rate of VAT. These prices include VAT. However, if the rate of VAT changes between the date of the order and the date of delivery or performance, Datatag will adjust the rate of VAT that you pay, unless you have already paid for the Goods in full before the change in the rate of VAT takes effect.
12.3 Delivery Charges. The price for the Goods does not include the delivery charges. The delivery charges will be itemised separately and added to the price of the Goods and this shall be the total amount due from you to Datatag.
12.4 Payment for Goods. Where Datatag are providing Goods to you, you must make payment for Goods in advance by credit or debit card. Datatag will charge your credit or debit card prior to the Goods being despatched to you.
13. OUR RESPONSIBILITY FOR LOSS SUFFERED BY YOU
13.1 If Datatag fail to comply with these Terms, Datatag are responsible for loss or damage you suffer that is a foreseeable result of Datatag’s breaking this contract or failing to use reasonable skill and care; Datatag are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of Datatag’s breach or if it was contemplated by you and Datatag at the time this contract was entered into.
13.2 Incorrect installation or application. Datatag will not be responsible for making good any damage to your property caused by your incorrect installation or application of the Goods and or your failure to follow Datatag’s instructions for the installation or application of the Goods on your property. Please ensure you follow all product instructions carefully.
13.3 Datatag do not exclude or limit in any way Datatag’s liability for:
(a) death or personal injury caused by Datatag’s negligence or the negligence of Datatag’s employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) breach of the terms implied by sections 13,14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective Goods under the Consumer Protection Act 1987.
14. EVENTS OUTSIDE OUR CONTROL
14.1 Datatag will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by an Event Outside Our Control (as defined in 14.2 below).
14.2 An Event Outside Our Control means any act or event beyond Datatag’s reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
14.3 If an Event Outside of Our Control takes place that affects the performance of Datatag’s obligations under these Terms:
(a) Datatag will contact you as soon as reasonably possible to notify you; and
(b) Datatag’s obligations under these Terms will be suspended and the time for performance of Datatag’s obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Goods to you, Datatag will arrange a new delivery date with you after the Event Outside Our Control is over.
14.4 You may cancel the contract if an Event Outside Datatag’s Control takes place and you no longer wish us to provide the Goods. Please see your cancellation rights under clause 10. Datatag will only cancel the contract if the Event Outside Datatag’s Control continues for longer than 14 days in accordance with Datatag’s cancellation rights in clause 15.
15. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
15.1 Datatag may have to cancel an Order before the Goods are delivered, due to an Event Outside Datatag’s Control or the unavailability of stock. If this happens:
(a) Datatag will promptly contact you to let you know.
(b) If you have made any payment in advance for Goods that have not been delivered to you, Datatag will refund these amounts to you.
16. HOW WE MAY USE YOUR PERSONAL INFORMATION
16.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the Goods to you;
(b) to process your payment for the Goods and
(c) if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.
16.2 We will only give your personal information to third parties where the law either requires or allows us to do so or where you have given permission to us to sharing your information.
17. CONTACTING US
17.1 If you have any questions or if you have any complaints, please contact Datatag. You can contact us by telephoning our customer service team at Datatag on by email at firstname.lastname@example.org) or telephone 01784 778 310 between the hours of 9 am and 5 pm.
17.2 You must quote your unique order reference number and reason for return of your goods. If agreed we will issue you with a return reference number.
17.3 If you wish to contact us in writing, or if any clause in these Terms requires you to give Datatag notice in writing (for example, to cancel the contract), you can send this to Datatag by e-mail, by hand, or by pre-paid post. Datatag will confirm receipt of this by contacting you in writing. If Datatag have to contact you or give you notice in writing, Datatag will do so by e-mail, by hand, or by pre-paid post to the address you provide to Datatag in your order.
18. OTHER IMPORTANT TERMS
18.1 Datatag may transfer its rights and obligations under these Terms to another organisation, and Datatag will always notify you in writing if this happens, but this will not affect your rights or Datatag’s obligations under these Terms.
18.2 You may only transfer your rights or your obligations under these Terms to another person if Datatag agree in writing. You may transfer the benefit of the warranty in clause to another purchaser of your property. In such case please advise Datatag you have done this.
18.3 This contract is between Datatag and you. No other person shall have any rights to enforce any of its terms. However, the purchaser of your property will have the benefit of the warranty at clause 11 if you transfer it to them, but Datatag and you will not need their consent to cancel or make any changes to these Terms.
18.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
18.5 These Terms are governed by English law. You and Datatag both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.