Terms & Conditions

Terms and Conditions - Website Terms of Use

Please read these terms carefully before using this website. By using this Site, you and your organisation (collectively, "User") are indicating your acceptance to be bound by these terms of use, which Data Division Limited may modify from time to time by updating this posting. This website is owned by Data Division Limited of: 6 Pickernell Road, Tidworth, Wiltshire. SP9 7FU.

Use of Site

Data Division Limited authorises you to view and download the materials from this website ("Site") only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. Any use of these materials on any other website or networked computer environment for any purpose is prohibited. The materials at this Site are copyrighted and any unauthorised use of any materials at this Site may violate copyright, trademark and other laws. If you breach any of these Terms, your authorisation to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.

Links to Third Party Websites

While this Site may contain links to third party sites, Data Division Limited is not responsible for the content of any linked sites. Data Division Limited provides these links as a convenience and does not endorse the companies or contents of any linked sites. If you decide to access any of the third-party web sites linked to this Site, you do this entirely at your own risk.

Copyright

Data Division Limited, its suppliers or the original creator of the material own all copyrights to material on the Site and all other intellectual property rights related to the Site.

Trademarks

Data Division and the Cabinet Division logo are trademarks or service marks, registered or not, of Data Division Limited. Nothing in this Site may be interpreted so as to grant to you, directly or indirectly, the use of a trademark or service mark reproduced on the Site, whether belonging to Data Division Limited or third party suppliers, without the written permission of Data Division Limited.

Images

Product images are for illustrative purposes only and may differ from the actual product.

Limitation of Liability

Data Division Limited, its related companies, directors, employees, representatives or agents may not under any circumstances be held liable for any direct, indirect, special, punitive, exemplary, incidental or consequential damages arising out of the use (or the inability of use) the Site or any material on the Site. This includes, but is not limited to, the loss of data or loss of profit, even if Data Division Limited was advised of the possibility of such damages.

Data Privacy - See Privacy Policy.

Accuracy

While Data Division Limited attempts to provide accurate information on the Site, it assumes no responsibility for the accuracy of the information. Data Division Limited may change the information on the Site, or the products mentioned, at any time without notice. Material on the Site and the Site itself is provided "As Is" and Data Division Limited does not provide any warranty of any kind, express or implied. Data Division Limited specifically disclaims any warranties of merchantability or fitness for a particular purpose with respect to the Site or any content on the Site.

Access and Use of Information

Upon User's registration of Data Division, Data Division Limited will provide the User with access to certain web pages and functions of the Site, as determined solely by Data Division Limited. User's access to Data Division is limited to viewing such pre-authorised portions of Data Division solely for the procurement of products by the User, or to check the status of orders already placed by the User. User's access or attempt to access other areas of Data Division Limited's computer system or other information or other information contained on the system for any other purpose is strictly prohibited. The User is prohibited from violating or attempting to violate the security of Data Division, including, without limitation, accessing data or functions not intended for the User, or logging into an account which the User is not authorised to access. All information and Content provided by Data Division is subject without notice.

Authorised Users

The User is responsible for maintaining the confidentiality of User's registration information and password and for all uses of its registration information and password, whether or not authorised by the User. The User agrees to immediately notify Data Division Limited of any unauthorised use of the User's registration or password.

Orders

See Business or Personal Terms and Conditions, sections further down this page:

Termination

The User's access to, and use of Data Division may be terminated by either party at any time, with or without cause, by sending notice of termination to the other party. Data Division Limited reserves the right to immediately and without notice suspend or terminate the User's access to, and use of Data Division in the event of a breach of these Terms by the User.


Terms and Conditions - Business Customers

Please read these terms of sale carefully before placing your order and retain a copy of these Terms & Conditions for future reference.

Definitions

"The Company" means Data Division Limited "the Purchaser" means the person, firm or company to be supplied with the goods by the Company. "Goods" mean the goods, materials and/or other items to be supplied pursuant to the Contract. "The Contract" means the contract for sale and purchase of the Goods made between the Company and the Purchaser to which these Conditions apply.

Scope

These conditions apply to all sale of Goods by the Company and shall prevail over any inconsistent terms or conditions referred to in the Purchaser's order or in correspondence or elsewhere unless specifically agreed to in writing by the Company and any conditions or stipulations to the contrary are hereby excluded or extinguished.

1.       Quotation

a.        All quotations by the Company are subject to the conditions set out herein.

b.        A quotation by the Company does not constitute an offer and the Company reserves the right to withdraw or amend the same at any time prior to the Company's acceptance of the Purchaser's order.

2.       Prices

All prices are exclusive of VAT, which will be charged at the current rate. The Company reserves the right to alter prices without notification. Any change in quantities, partial release or destination may incur a price adjustment.

3.       Delivery

a.        Delivery dates are approximate only and delivery will be arranged as soon as practicable. Orders will remain valid and binding notwithstanding delay in delivery. Unless otherwise specified delivery shall be "ex-works", so that the Goods shall be deemed to have been delivered and the risk therein to have passed to the Purchaser upon the Company notifying the Purchaser that the Goods are available for collection.

b.        Goods sent by parcel post are deemed to have been delivered and the risk therein to have passed to the Purchaser at the moment of despatch.

c.        Unless otherwise expressly agreed the Company may effect delivery in one or more instalments. Where delivery is effected by instalment each instalment shall be treated as a separate Contract.

d.        If in the case of the Contract or any order involving more than one delivery default is made on payment on the due date the Company shall have the right to suspend all or any further deliveries pending payment or to terminate the Contract in its entirety by notice in writing to the Purchaser.

4.       Carriage

a.        All deliveries are ex-works from our premises. Carriage will be charged on all invoices except where an offer has been made in writing to specifically exclude carriage charges on orders that the Company considers to be of substantial value.

b.        The Company reserves the right to withdraw or amend the lower limit at which the aforementioned charge for carriage becomes due.

c.        Delivery will be by the transport of the Company's choice. If the Purchaser requests special delivery arrangements, including express service, they will be charged for.

5.       Packaging

The Company shall charge for cases or special packing material if they are not returned and in good condition within 60 days of the date of delivery.

6.       Payment

a.        Subject to Conditions (8d) below payment of invoices shall, unless otherwise agreed in writing, be made in full without any deduction or set off within 30 days of the date of invoice of the Goods.

b.        The Company shall have the right to charge on overdue accounts at the rate of 2% per month calculated monthly from the invoice date, until receipt by the Company of the full amount whether or not after judgement.

c.        If in the opinion of the Company the credit-worthiness of the Purchaser shall have deteriorated prior to the delivery the Company may require full or partial payment of the price prior to delivery or the provision of security for payment by the Purchaser in a form acceptable to the Company.

d.        In any case where the Purchaser is resident outside the United Kingdom and unless otherwise agreed the price of goods shall be secured by an irrevocable letter of credit satisfactory to the Company established by the Purchaser in favour of the Company immediately upon receipt of the Company's Acknowledgement of Order and confirmed by a United Kingdom bank acceptable to the Company. The letter of credit shall be for the contract price inclusive of any tax or duty payable by the Purchaser and shall be valid for the period specified by the Company. The Company shall be entitled to payment on presentation to such United Kingdom Bank of the documents specified by the Company or as herein stipulated.

7.       Title

a.        The Goods shall remain the sole and absolute property of the Company as legal and equitable owner until such time as the Purchaser makes payment to the Company at the agreed price.

b.        Until such payment the Purchaser shall be in possession of the Goods solely as bailee for the Company and in fiduciary capacity and the Purchaser shall store the Goods in such a way as to enable them to be identified as the property of the Company.

8.       Repairs and Processing

Goods received for repair or processing remain on the Company's premises entirely at the Purchasers risk and shall be repaired or processed at the Purchasers risk.

9.       Liability

a.        The Company shall not be liable for any shortage in the quantity delivered unless a claim in writing shall have been received by the Company from the Purchaser within 7 days of the delivery of the Goods. Where liability for any shortage is acceptable by the Company the Company's only obligation shall be to make good such shortage.

b.        In the event of any defect or failure in the quality, nature or condition of the Goods or failure of the Goods to comply with any specification the Company shall replace or repair free of charge any Goods provided that the defect or failure arises under proper use and solely by reason of faulty material or workmanship and written notice is given to the Company within 12 months of delivery of the Goods after which all liability on the Company's part shall cease.

c.        Subject to the foregoing all conditions, warranties or representations expressed or implied by statute common law or otherwise in relation to the Goods are hereby excluded. Furthermore the Company shall be under no liability to the Purchaser for any loss, damage or injury direct or indirect resulting from defective material, faulty workmanship or otherwise however arising out of the Contract and whether or not caused by the negligence of the Company, its servants or agents save that the Company shall accept liability for death or personal injury caused by the negligence of the Company.

10.    Cancellation

The company shall be entitled to full indemnity if the Purchaser cancels an order that the Company has accepted.

11.    Licences and Consents

a.        The Contract is conditional upon the obtaining of all licences or consents necessary for its performance (other than for the importation of the Goods by the Purchaser) in which connection the Purchaser shall sign all such forms and documents and render such other assistance to the Company as may be necessary.

b.        The Purchaser shall obtain at its own expense any licence or consent required for the importation of the Goods by the Purchaser and if necessary or so required, shall produce evidence of the same to the Company on demand.

12.    Force Majeure

a.        The Company shall not be liable to the Purchaser for any loss or damage which may be suffered by the Purchaser as a direct or indirect result of the supply of the Goods by the Company being prevented, hindered or delayed by reason of any force majeure circumstances.

b.        In this Condition "force majeure circumstance" shall mean any act of God, riot, strike, lock-out, trade dispute or labour disturbances, accident breakdown of plant or machinery, fire, flood, difficulty in obtaining workmen, material or transport, or other circumstances whatsoever outside the control of the Company affecting the provision of the Goods or of raw materials therefore by the Company's usual source of supply or the manufacture of the Goods by the Company's normal means or the delivery of the Goods by the Company's normal route or means of transport.

13.    Waiver

The failure on the part of either party to the Contract to exercise or enforce any rights by the Contract shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof at any time or times thereafter.

14.    Notices

Any notice required to be given hereunder in writing shall be deemed to have been duly given if by pre-paid first class post, telex or telegraph addressed to the party concerned as its principal place of business or last known address.

15.    Headings

Headings to any of these Conditions are included to facilitate reference only and shall not affect the construction hereof.

16.    Governing Law

The Contract shall be governed by the construed and interpreted in accordance with the laws of England and for the purposes of settlement of any disputes arising out of or in connection with the Contract the parties hereby submit themselves to the jurisdiction of the English Courts.

Terms and Conditions - Personal Customers

Please read these terms of sale carefully before placing your order and retain a copy of these Terms and Conditions for future reference.

1.       Format of the Contract

a.        These terms of sale apply to all goods supplied by Data Division Limited, whose registered office is at 6 Pickernell Road, Tidworth, Wiltshire SP9 7FU registered in England and Wales no. 8919758 (the "Supplier", "we", or "our").

b.        Any order placed by you, "the Purchaser" for goods advertised on our website is an offer by you to purchase the goods selected in your order. No contract exists between you and us for the sale of any goods until we have received your order and accepted it (which we may do at our discretion).

c.        We will send you an order acknowledgement shortly after you place your order, notifying you that we have received your order. This acknowledgement is not notification that we have accepted your order.

d.        If we accept your order, we will notify you by email that we have accepted it prior to dispatch of the goods. If we cannot accept your order (for example (but without limitation) because the goods are found to be unavailable) we will notify you by telephone or email.

e.        In the event that, after we accept your order, we discover that the goods ordered are unavailable or that there was a pricing error on our website in respect of the goods ordered, we reserve the right not to supply the goods ordered and to offer you a refund or alternative goods in accordance with conditions 2b, 2c and 2d below.

f.         The contract is subject to your right of cancellation (see condition 6 below).

g.        We have the right to terminate the contract if the price of the goods is not received from you in cleared funds (in accordance with condition 3a).

h.        The Supplier may change these terms of sale without notice to you in relation to future sales.

  1. Description and Price of Goods

a.        The description and price of the goods you order will be as shown on the Supplier's website at the time you place your order.

b.        If after acceptance of your order we discover within 14 days of such acceptance that all of the goods are unavailable, we may terminate the contract and refund or re-credit you within 7 working days for any sum that has been paid by you or debited from your credit card for those goods. In these circumstances, we will inform you as soon as possible.

c.        If within 7 days of our acceptance of your order we discover that some but not all of the goods are unavailable, we will no longer supply those unavailable goods. In these circumstances we will contact you detailing the goods that are unavailable and offer you the option of cancelling the whole order or amending your order to substitute the unavailable items with alternative goods. If you have not cancelled the order within 14 days of receipt of such notice, we will deliver the available goods in accordance with condition 4 below. We will refund or re-credit you for any sum that has been paid by you or debited from your credit card in respect of the unavailable goods or cancelled order (if you have cancelled it).

d.        Every effort is made to ensure that prices shown on the Supplier's website are accurate at the time you place the order. If within 14 days of accepting your order a pricing error is found in respect of any or all of the goods you have ordered, we will notify you as soon as possible detailing the mis-priced goods and offer you the option of:

                                                         i.            placing a new order at the correct price for those goods;

                                                        ii.            cancelling the whole of your order; or

                                                      iii.            cancelling your order for the mis-priced goods and reconfirming your order for the correctly priced goods

e.        If within 14 days of receipt of our notice to you, you have not responded by selecting one of the available options at conditions 2d.i, 2d.ii or 2d.iii above then:

                                                         i.            if all of the goods you have ordered are found to be mis-priced, the entire order will be cancelled automatically and the Supplier will refund or re-credit you for any sum you have paid for those goods; or

                                                        ii.            if only some of the goods you have ordered are found to be mis-priced, our contract with you continues and we will deliver the correctly priced goods but we will not be obliged to supply you with the mis-priced goods. In these circumstances we will refund or re-credit you for any sum you have paid for the mis-priced goods.

f.         To avoid any doubt, where goods are unavailable and you order alternative goods from us, or where goods have been mis-priced and you subsequently order such goods at the correct price, these terms of sale shall apply to the order and the supply of the relevant goods, whether the order is placed through our website or otherwise.

g.        In addition to the price, you may be required to pay a delivery charge for the goods, details of which are clearly displayed on our website at the point that you place your order.

  1. Payment

a.        Payment for the goods and delivery charges can be made by any method shown on the Supplier's website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the Supplier to terminate the contract immediately.

b.        There will be no delivery until cleared funds are received (with the exception of business accounts where we have agreed credit facilities with you).

c.        Payments shall be made without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.

  1. Delivery

a.        The goods you order will be delivered to the address you give when you place your order, except that some deliveries are not made outside the United Kingdom. If after your order has been dispatched you require your order to be delivered to an alternative address a charge of £10 will be required. (A redirection approval is subject to your order and account status).

b.        Orders placed before 4.30pm on a working day will be processed that day and will be delivered as per the requested delivery option provided no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays.)

c.        If delivery cannot be made to your address for reasons under the Supplier's control the Supplier will inform you as soon as possible.

d.        If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to Supplier, the Supplier may:

                                                         i.            store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or

                                                        ii.            sell the goods at the best readily obtainable price and either (a) where you have not already paid for the goods in question, account to you (after deducting all reasonable storage and selling expenses) for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods or (b) where you have already paid for the goods in question, account to you (after deducting all reasonable storage and selling expenses) for any proceeds received.

e.        If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Supplier shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. On exercising your right to cancel you shall be required to return the goods to the Supplier. Should you fail to return the goods, the Supplier reserves the right to deduct any direct costs incurred by the Supplier in retrieving the goods as a result of such failure.

f.         Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you of any delay as soon as possible and will give you the option of cancelling your order at this point.

g.        Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that you make thereafter.

  1. Risk/Title

a.        The goods are at your risk from the time of delivery.

b.        Ownership of the goods shall not pass to you until the Supplier has received in full (in cleared funds) all sums due to it in respect of:

                                                         i.            the goods, and

                                                        ii.            all other sums which are or which become due to the Supplier from you on any account.

c.        The Supplier shall be entitled to recover payment for the goods even though the ownership of any of the goods has not passed from the Supplier.

  1. Your Right of Cancellation

a.        You have the right to cancel the contract at any time up to 10 days after you receive the goods (see below). Please note that this policy has some limitations and does not apply to business customers.

b.        To exercise your right of cancellation, you must give written notice to the Supplier by hand, post or the contact us section of our website, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.

c.        Except in the case of faulty or misdescribed goods, if you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost. The goods must be returned as per the Supplier's Return procedure (see condition 11 below). You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. In the case of faulty or misdescribed goods the Supplier shall, after receiving notification in accordance with condition 7d 7e or 7f, either collect the goods from you or ask you to return the goods to the Supplier in accordance with the Supplier's Return procedure (see condition 11 below).

d.        Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.

e.        Except in the case of faulty or misdescribed goods, if you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods.

f.         You do not have the right to cancel the contract if the order is for computer software which has been unsealed by you, or for consumable goods which, by their nature, cannot be returned, save where a fault is discovered which could not have been discovered otherwise than by unsealing the goods.

  1. Warranty

a.        All new goods supplied by the Supplier are warranted free from defects for 12 months from the date of supply (unless otherwise stated). This warranty does not effect your statutory rights as a consumer. If new goods develop a defect during the 12 month warranty period, you should follow the Supplier's Returns procedure (see condition 11 below). In the event of a valid claim for a defect in the new goods, where clauses 7d or 7e do not apply, the Supplier will (at its option) either:

                                                         i.            replace those goods, if the Supplier has available the same goods at the same price;

                                                        ii.            repair those goods; or

                                                      iii.            refund or re-credit you the sum you have paid for the relevant goods within 30 days of the date that the relevant goods are returned in accordance with the Supplier's Returns procedure (see condition 11 below).

b.        Wherever possible, previously used or owned goods ("Used Goods") will be highlighted as being so used on the Supplier's website at the time you place your order. All Used Goods supplied by the Supplier are warranted free from defects for 90 days from the date of supply (unless otherwise stated). Grade B stock carries a 30 day warranty. This warranty does not affect your statutory rights as a consumer. If Used Goods develop a defect during the 90 day warranty period, you should follow the Supplier's Returns procedure (see condition 11 below). In the event of a valid claim for a defect in the Used Goods, the Supplier will (at its option) either:

                                                         i.            replace those Used Good(s), if the Supplier has available the same Used Good(s) at the same price;

                                                        ii.            repair the Used Good(s); or

                                                      iii.            refund or re-credit you the sum you have paid for the relevant Used Good(s) within 30 days of the date that the relevant Used Good(s) are returned in accordance with the Supplier's Returns procedure (see condition 11 below).

c.        The warranties in conditions 7a and 7b above do not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than in accordance with its intended use, failure to follow the manufacturer's or Supplier's instructions, or any alteration or repair carried out without the Supplier's prior written approval.

d.        If the goods supplied to you are damaged in transit, you should notify the Supplier in writing via the contact us section of the website within 7 working days of receipt of the goods (please note that this is 48 hours for our business customers) and return the goods to us in accordance with the Supplier's returns policy (see condition 11 below). Once we have verified the fault, we will issue you with (at your discretion) a replacement or full refund via your original payment method and reimburse your reasonable return carriage costs. This does not affect your statutory rights under clauses 7a, 7b and 7e.

e.        If the goods supplied to you are faulty or incomplete on arrival (whether or not they were damaged in transit), you must notify us within 28 calendar days (please note that for our business customers, this is 14 calendar days) of receipt of the goods and return the goods to us in accordance with our returns policy (see condition 11 below). Once we have verified the fault, we will issue you with (at your discretion) a replacement or full refund via your original payment method and reimburse your reasonable carriage costs. This does not affect your rights under clauses 7a and 7b.

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