These terms and conditions apply to any Products purchased from us, and by accessing our Website and/or placing an order by telephone or email you agree to be bound by the terms and conditions set out below. All orders for Products shall be an offer by you to purchase the Product pursuant to these conditions.
1.1. These Terms and Conditions shall supersede all earlier terms and conditions of DOLBYN COMPUTERS. They shall apply to all contracts for sales of goods by us to you to the exclusion of any other terms and conditions including any terms and conditions which you may purport to apply with any order, confirmation of order, or other documentation.
2.1. "DOLBYN COMPUTERS" means Dolbyn Computers, a trading name of Gwenwich (UK) Limited of 44 Wilks Road, Grantham NG31 6WJ.
2.3. "Price" means the price paid by for the Product excluding carriage and any credit surcharge. The Price is stated on the DOLBYN COMPUTERS Order Confirmation.
2.4. "Order Confirmation" means the acknowledgement of the Customer's order sent to the Customer by DOLBYN COMPUTERS.
2.5. "Dispatch Email" means the email sent to the Customer to confirm their order is accepted and the goods dispatched.
2.6. "Product" means any ePOS products or other goods supplied to the Customer by DOLBYN COMPUTERS.
2.7. "Clearance Products" are those products highlighted as being such on our Website at the time you place your order.
3.1. Our website gives the option to view prices exclusive or inclusive of VAT. We charge VAT on all applicable products.
3.2. Customers can place an order through our website, by phone or email. After placing an order, DOLBYN COMPUTERS will send an Order Confirmation to you. If your order was made by phone or email please check the Order Confirmation to ensure it is correct. If there are any errors please contact us within 24 hours otherwise we will not be able to make changes and we are not liable to you for errors unless we have failed to correct them following notification from you within the 24 hour period.
3.3. Please note that the Order Confirmation does not mean that your order has been accepted. Your order constitutes an offer to buy a product. All orders are subject to acceptance and we will confirm such acceptance by sending an email to you confirming our acceptance of your order and dispatch. The contract between us will be formed when we send the Dispatch Email.
3.3. The contract will relate only to those Products in the Dispatch Email. We cannot be obliged to supply any Products which may have been part of your order but have not yet been confirmed by the Dispatch Email.
3.4. All descriptions, photographs and advertising are solely to provide an idea of the products they describe. They do not form part of the contract between us. While we take every care with our descriptions, errors may occur, and are excepted from the contract unless substantive. Images are for illustrative purposes only.
3.5. While we try and ensure all prices on our website are accurate, errors may very occasionally occur. If we do discover an error in the price of a Product ordered before dispatch we will inform you as soon as possible and give the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If the order is cancelled under this clause and you have already paid for the Product, you will receive a full refund.
3.6. If the pricing error is obvious and could have reasonably been recognised as a mis-pricing we will be under no obligation to provide the Product even after despatch.
4.1. Payment can be made by bank transfer, credit or debit card, cash or PayPal. We cannot dispatch any Products until we have cleared funds.
4.2. If payment is made by credit or debit card, we reserve the right to make delivery to the statement address of the cardholder. If you are using PayPal as your payment method we reserve the right not to ship to unconfirmed addresses.
5.1. Any delivery date stated is a warranty by DOLBYN COMPUTERS to use reasonable endeavours to effect delivery by that date. We cannot be liable for any loss or damage you incur as a result of delay in delivery.
5.2. Products supplied by DOLBYN COMPUTERS are delivered at the risk of DOLBYN COMPUTERS. Risk in the product passes to you when the Products are signed for at the delivery address stated in your order. We accept no responsibility for damage to or loss of the products after the risk passes.
5.3. It is your responsibility to check the Products upon delivery. Upon receipt of your order you will be asked to sign for the Products confirming receipt in good condition. If the Products do 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 or other claims that you make thereafter.
5.4. You must advise us of loss or damage to Products:
5.4.1. if a product is damaged, within 72 hours of delivery; and
5.4.2. if a product has been lost or short, within 48 hours of delivery.
5.5. The quantity of any consignment of Products as recorded by us upon despatch shall be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary.
5.6. Our liability for non-delivery of the Products shall be limited to replacing the Products within a reasonable time or issuing a credit note (pro rata if appropriate) against any invoice raised for such Products.
5.7. If you fail to accept delivery of the Products and without prejudice to any other rights and remedies available to us, we may store the Products until delivery takes place, and charge you for all related costs and expenses and after a period of 21 working days resell or otherwise dispose of part or all of the Products and, after deducting reasonable storage and selling costs, account to you for any excess over the price of the Products or charge you for any shortfall below the price of the Products.
6. Defective Goods and Warranty
6.1. All Products sold by us (apart from Clearance Products) come with the benefit of a manufacturer’s warranty. The length of the manufacturer’s warranty will vary from product to product.
6.2. Apart from Clearance Products, we warrant on delivery and for a period of 28 days from the date of delivery (Warranty Period), the Product shall conform in all material respects with their description, be free from defects and be reasonably fit for purpose and be reasonably fit for any particular purpose for which the Products are being bought if you have made known that purpose to us in writing and we have confirmed in writing that the Products are fit for use for that purpose.
6.3. For Clearance Products the Warranty Period provided by us is extended to 90 days. The Warranty Period will not apply to any defects in Clearance Products brought to your attention before purchase.
6.4. Subject to clause 6.5, if you give notice in writing to us as soon as possible following (but in any event no later than 48 hours after) discovery that some or all of the Products do not comply with the warranty and we are given a reasonable opportunity of examining such Products we shall, at our option, repair or replace the defective Products, or refund the price of the defective Products in full.
6.5. We shall not be liable for Products' failure to comply with the warranty set out in clause 6.2 if:
6.5.1. you make any further use of such Products after giving notice in accordance with clause 6.4; or
6.5.2. the defect arises because of a failure to follow the oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Products or (if there are none) good trade practice; or
6.5.3. the defect arises as a result of us following a specification supplied by you; or
6.5.4. you alter or repair such Products without our written consent; or
6.5.5. the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions.
6.6. You will not have any right to cancel a Contract for the supply of computer software which has been unsealed, and consumable goods, except where a fault has been discovered that could not have been identified without unsealing the Products.
6.7. Except as provided in this clause 6 we shall have no liability to you in respect of the Products' failure to comply with the warranty set out in clause 6.2.and for the avoidance of doubt we have no liability in respect to any consequential losses
6.8. Except as set out in these Terms and Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
6.9. You must check the Products on delivery and notify us promptly of any problems or issues and in any event within 2 working days of delivery via email and return the Products to us within 5 working days of such notification from you. Please note that risk of the Products in transit rests with you.
6.10. Please note that any Products returned to us which you claim to be defective will be checked and verified by our tech staff. Any returned Products that are not found to be defective will be returned to you and we may charge you for the returned transport costs via your original payment method or hold the Products until full payment has been received by us for the return transport costs.
6.11. Any Products that you return to us are returned at your own risk, therefore you should take reasonable care that any Products to be returned are fully insured, correctly addressed and adequately packed and, if it is agreed by us that you are returning them yourself rather than using our returns collection service, carried by a reputable carrier.
6.12. For Products to be exchanged/replaced, any additional payments required will be taken from you using the same payment method as for the original purchase made by you. Replacement Products will not be despatched until such payment has been received.
6.13. Any refunds given under this Contract will only be made to the account(s) from which payment for the Products was received.
6.14. No non-faulty returns will be accepted for electronic software downloads unless you inform us within 5 days of receipt of the item and it can be proven that the license key has not been viewed. For faulty products, returns will only be accepted if the product itself is deemed to be defective by the manufacturer in accordance with the End-User License Agreement or it can be proven that the License Key has not been exposed. DOLBYN COMPUTERS will replace any damaged or non-conforming Software Product
7. Limitation of our liability
7.1. Whilst we have taken all reasonable steps to ensure the accuracy and completeness of the information on this Website we make no representation regarding the accuracy or completeness of the content of this Website.
7.2. In respect of any breach of clause 8. our entire liability shall be limited, to the extent that the cause of action relates to the items purchased on our Website, to (at our option):
7.2.1. repairing or replacing the Products; or
7.2.2. refunding the amount paid by you in respect of the Products purchased.
7.3. Subject to clauses 7.2 and 7.5 our aggregate liability in respect of all causes of action arising out of or in connection with the Products (whether for breach of contract, in negligence or any other tort, under statute or otherwise at all) will not exceed an amount equal to the value of the Products delivered to you.
7.5. We shall not be liable to you for any loss of profit; or loss of anticipated revenue; or loss of business; or any consequential or indirect loss.
7.6. Except for any warranties expressly set out in these Terms and Conditions any warranties, conditions or representations whether implied by statute or otherwise shall be excluded to the fullest extent permitted by law.
7.7. Notwithstanding anything in these Terms and Conditions we do not exclude liability for:
7.7.1. personal injury and death caused by our negligence;
7.7.2. fraud; or
7.7.3. any liability under the Consumer Protection Act 1987.
8. Uncontrollable Events and Delays
8.1. In case of delays caused by circumstances beyond the control of DOLBYN COMPUTERS or its suppliers, DOLBYN COMPUTERS shall have the right to either suspend delivery or to cancel the contract without liability.
8.2. Examples of Uncontrollable Events are (by way of example and not limited to) strike, lockout, riot, revolution, war, epidemic, working difficulties, transportation difficulties, fire, and failure of suppliers or official regulations.
9. Export Terms
If you order Products from us for delivery outside the UK this clause 12 will apply.
9.1. The Products are at your risk from the time of dispatch. You are responsible for arranging testing and inspection of the Products at our premises before shipment.
9.2. The Products may be subject to export/import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
9.3. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
10. Customers Obligations
10.1. You are responsible for your own choice of Product and the suitability for any particular purpose. You must ensure that any Products are compatible.
10.2. Images are for illustration purposes only.
10.3. Specifications are correct as per manufacturer information.
10.4. You must provide reasonable courtesy information and co-operation to DOLBYN COMPUTERS.
11. Entire Agreement
11.1. These Terms and Conditions represent the entire understanding relating to the our contract and supersede all other statements, representations or warranties (whether written, made by email or oral) made by us. Nothing in these Terms and Conditions shall affect the liability of either party in respect of any misrepresentation, warranty or condition that it makes fraudulently. Any rights not expressly granted in these Terms and Conditions are reserved by us.
12.1. If any part of these Terms and Conditions are found to be invalid or unenforceable by a court the rest are unaffected
12.2. Contracts for the purchase of Products and any dispute or claim arising therefrom are subject to the jurisdiction of the courts of England and Wales.
12.3. Access to and use of this Website is at your own risk. We do not warrant that the use of this Website or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection. We accept no liability for viruses. We recommend that you take all appropriate safeguards before downloading information or images from the Website.
13. Variation of Terms and Conditions
13.1. From time to time we may need to update these terms and conditions to reflect changes in legislation, the marketplace or company policy. The contract will be subject to those terms and conditions in force at the time of the formation of the contact – ie on the date of the Dispatch Email.