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$ 1 INTERPRETATION
1.1 In these Terms the following words and expressions shall have the following meanings (unless the context requires otherwise):
“Charges” means the sums to be paid by the Customer to Death Industries England (D.I.E.) for the products based on D.I.E.’s standard price list from time to time;
“D.I.E.” means Cadmus (UK) Ltd of The Boiler House, Alma Road, Rotherham, South Yorkshire S60 2HZ;
“Consumer” means means any individual who purchases the Products for purposes which are outside his trade, business or profession;
“Contract” means any contract between D.I.E. and the Customer for the sale and purchase of Products incorporating these Terms;
“Customer” means the person, firm or company who purchases the Products from D.I.E.;
“Extended Warranty” means an extended warranty for colour fastness and adhesion offered to Consumers on the terms of the Warranty Statement;
“Intellectual Property Rights” means patents, trade marks, registered designs, applications for any of these rights, copyright, design right, know-how, confidential information, trade and business names, database rights and any other intellectual property rights and similar rights in any country;
“Products” means the products that D.I.E. agrees to supply to the Customer under the Contract as specified in the Confirmation;
“Order” means the Customer’s verbal or written order for the Products;
“Confirmation” means D.I.E.’s written acknowledgement and acceptance of the Customer’s order to purchase the Products;
“Warranty” means the warranty set out in clause 12.1.1;
“Warranty Statement” means the extended warranty statement set out in the Schedule to these Terms; and
“Working Days” means unless otherwise agreed by D.I.E., Monday to Friday (excluding bank and other public holidays in England and Wales and also excluding other days notified to the Customer by D.I.E. from time to time).
2 APPLICATION OF TERMS
2.1 Subject to any variation under clause 2.3, the Contract shall be on these Terms to the exclusion of any other terms and conditions (including any terms and conditions which the Customer purports to apply under any purchase order, confirmation of order, specification or other document).
2.2 Any Order for Products from the Customer shall be deemed to be an offer to purchase the Products subject to these Terms.
2.3 No terms or conditions endorsed upon, delivered with or contained in any purchase order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract. The Terms shall not be varied unless any agreement to vary is recorded in writing and signed by an authorised representative of D.I.E. and the Customer.
2.4 No Order placed by the Customer will be deemed to be accepted by D.I.E. until D.I.E. has given to the Customer a Confirmation or (if earlier) D.I.E. provides the Products to the Customer. Where the Customer places an order via the D.I.E. website, D.I.E. will send a confirmation email which shall be the Confirmation. Upon D.I.E.’s acceptance of the Order, D.I.E. and the Customer will have a binding contract between them.
2.5 The quantity and description of the Products shall be as set out in the Confirmation.
2.6 Where the Customer orders via the D.I.E. website, D.I.E. will record its agreement to these Terms, but will not file a copy of the concluded contract. The Customer may use the “Print” facility of its browser to print a copy of these Terms at no additional charge.
2.7 In consideration of payment of the Charges by the Customer, D.I.E. agrees to supply the Products to the Customer on the terms and conditions of the Contract.
3 DISPATCH
3.1 Unless the Confirmation states otherwise, D.I.E. shall use its reasonable endeavours to deliver the Product by the method agreed between D.I.E. and the Customer and set out in the Confirmation.
3.2 D.I.E. may deliver Products in instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions of the Contract.
3.3 Each instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment shall entitle the Buyer to repudiate or cancel any other Contract or instalment.
3.4 Any change to the delivery arrangements requested by the Customer shall only be made with D.I.E.’s express consent and the Customer shall be liable for any additional charges, costs or expenses incurred by D.I.E. as a result of the change.
3.5 Delivery dates are approximate and unless otherwise expressly agreed, time of delivery of Products shall not be of the essence.
4 NON-DELIVERY/SHORTFALL
4.1 If there is any non-delivery or shortfall in the number of Products delivered, the Customer shall notify D.I.E.. The Customer may:
4.1.1 cancel the Order and receive a refund of the price paid, provided that if the Customer does not return the Products to D.I.E. if they subsequently arrive, D.I.E. may charge the Customer for the Products received; or
4.1.2 choose alternative Products up to the same value provided that if the Customer does not return the Products to D.I.E. if they subsequently arrive, D.I.E. may charge the Customer for the Products received; or
4.1.3 wait for an agreed time period after which if the Products are not received the Customer may exercise its rights under clause 4.1.2 or 4.1.3.
5 CONSUMERS
5.1 This clause 5 applies to Consumers only.
5.2 You may cancel your Order at any point after you place your Order until the end of thirty days beginning with the day after the date on which you receive the Products. If you cancel your Order and wish to return the Products under this clause, the following provisions will apply:
5.2.1 to cancel your order you should contact D.I.E. at info@D.I.E..com;
5.2.2 in order to improve our customer service we will ask why you wish to return the Products;
5.2.3 Products must be returned complete, in an unused and undamaged condition;
5.2.4 Products must be returned to D.I.E. at your expense as soon as possible following your cancellation; and
5.2.5 D.I.E. will repay any sums paid by you for the Products within 30 days of receiving your notice of cancellation.
5.3 If you wish to return the Products because they do not comply with these Terms, the Warranty, the Extended Warranty (if applicable) any of your statutory rights, or where D.I.E. has not supplied the correct Products, you should contact D.I.E. using the details set out in clause 5.1 within a reasonable period of discovering the fault or error. If you agree to return the Products at D.I.E.’s expense, you may ask D.I.E. to send you replacement Products, or to repay any sums paid for you by the Products within 30 days.
5.4 Your rights under clause 5.3 do not arise where packaging has been damaged in transit but the Products themselves are undamaged.
5.5 For the avoidance of doubt, the following clauses shall not apply to Consumers: 6.2 to 6.7, 7.3 to 7.9, 13.
6 CHARGES
6.1 Where you are a Consumer and order on the website you will be asked to give your payment details with the Order. D.I.E. will take payment on issuing the Confirmation. The Charges will be the charge shown in the Confirmation and will be inclusive of VAT and exclusive of delivery. Clauses 6.2 to 6.7 shall not apply to Consumers.
THE REMAINDER OF THIS CLAUSE 6 DOES NOT APPLY TO CONSUMERS
6.2 Where the Customer has been granted credit facilities by D.I.E. the Customer shall pay to D.I.E. the total amount of each invoice in pounds sterling by bank transfer or telegraphic transfer within [#] days after the date of the relevant invoice.
6.3 Where you are not a Consumer, all amounts of money referred to in any Contract shall be interpreted as being amounts exclusive of delivery and value added tax or any other sales tax unless otherwise stated. Any such tax payable in relation to any such amounts shall be paid in addition to those amounts.
6.4 The Customer will not be entitled to set off any sums due to it from any payments due to D.I.E. whether under these Terms or any other agreement between the parties.
6.5 If the Customer fails to pay any amount payable by it under any Contract, D.I.E. shall be entitled, but not obliged, to:
6.5.1 charge the Customer interest on the overdue amount. The interest will be payable by the Customer immediately on demand, from the date the payment was due up to the date of actual payment, after judgment as well as before, at the rate set out in the Late Payment of Commercial Debts (Interest) Act 1998. Interest shall accrue on a daily basis and be compounded quarterly; or
6.5.2 withhold dispatch of any Products ordered by the Customer under the Contract or any other Contract between the parties.
6.6 No payment shall be deemed to have been received until D.I.E. has received cleared funds.
6.7 If D.I.E. agrees a credit limit with the Customer which is exceeded by the Customer without the prior written consent of D.I.E., D.I.E. shall be entitled to withhold dispatch of any Products ordered by the Customer under the Contract or any other Contract between the parties.
7 RISK AND TITLE
7.1 Risk in and responsibility for the Products shall pass to the Customer on delivery.
7.2 Title and ownership to the Products shall not pass from D.I.E. to the Customer until D.I.E. has received the Charges in full (in cash or cleared funds) together with all other sums payable by the Customer to D.I.E. on any account and, where the Customer is not a Consumer, the remainder of this clause 7 shall apply.
THE REMAINDER OF THIS CLAUSE 7 DOES NOT APPLY TO CONSUMERS
7.3 Until title and ownership in the Products has passed, the Customer shall:
7.3.1 hold the Products and each of them on a fiduciary basis as bailee on behalf of D.I.E.;
7.3.2 store the Products (at no cost to D.I.E.) separately from its other merchandise and possessions or the merchandise or possessions of third parties, in such a way that they remain readily identifiable as the D.I.E.’s property;
7.3.3 not destroy, deface or obscure any identifying mark or packaging on or relating to the Products; and
7.3.4 maintain the Products in satisfactory condition in accordance with any storage conditions advised by D.I.E. and keep them insured on D.I.E.’s behalf for their full price against all risks to the reasonable satisfaction of D.I.E.. On request the Customer shall produce the policy of insurance to D.I.E..
7.4 The Customer may resell the Products before ownership has passed to it solely on the following conditions:
7.4.1 any sale shall be effected in the ordinary course of the Customer’s business at full market value; and
7.4.2 any such sale shall be a sale of D.I.E.’s property on the Customer’s own behalf and the Customer shall deal as principal when making such a sale.
7.5 The Customer’s right to possession of the Products shall terminate immediately if:
7.5.1 any of the events set out in clause 10.1.2 to 10.1.8 (inclusive) occur; or
7.5.2 the Customer suffers or allows any execution, whether legal or equitable, to be levied on his/its property or obtained against it or fails to observe or perform any of its obligations under these Terms or any other contract between D.I.E. and the Customer or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Customer ceases to trade or the Customer takes or suffers any similar or analogous action in any jurisdiction; or
7.5.3 the Customer encumbers or in any way charges any of the Products.
7.6 D.I.E. shall be entitled to recover payment for the Products notwithstanding that ownership of any of the Products has not passed from D.I.E..
7.7 The Customer grants D.I.E., its agents and employees an irrevocable licence at any time to enter any premises where the Products are or may be stored in order to inspect them or, where the Customer’s right to possession has terminated, to recover them.
7.8 Where D.I.E. is unable to determine whether any Products are the products in respect of which the Customer’s right to possession has terminated, the Customer shall be deemed to have sold all goods of the kind sold by D.I.E. to the Customer in the order in which they were invoiced to the Customer.
7.9 D.I.E.’s (but not the Customer’s) rights contained in this clause 7 shall survive the termination or expiry of any Contract.
8 DOCUMENTATION
8.1 The Customer is responsible for obtaining, at its own cost, all import licences and other consents in relation to the Products as are required from time to time and, if required by D.I.E., the Customer shall make those licences and consents available to D.I.E. prior to the relevant shipment.
9 PROPRIETARY RIGHTS AND ACTION AGAINST THIRD PARTIES
9.1 The Intellectual Property Rights of whatever nature, and wherever in the world, in the Products are and shall remain D.I.E.’s property or the property of its licensors and nothing in these Terms shall grant any licence or other rights in favour of the Customer in relation to the Intellectual Property Rights.
9.2 Any reputation in trade marks affixed to or applied to the Products shall be for the sole benefit of D.I.E. or any other trade mark owner.
9.3 The Customer shall not remove any copyright notices, confidential or proprietary details or identification from the Products.
9.4 The Customer shall notify D.I.E. immediately if it becomes aware of any illegal or unauthorised use of the whole or any part of the Products or the Intellectual Property in them, or the sale of any counterfeit products and will assist D.I.E. in taking all steps necessary to defend its rights in them at D.I.E.’s expense. D.I.E. shall have the exclusive right to take steps to defend its rights, but shall have no obligation to do so.
9.5 The provisions of this clause shall survive the termination (including expiry) of any Contract.
10 TERMINATION
10.1 D.I.E. may terminate a Contract by written notice effective immediately in the following circumstances:
10.1.1 any breach by the Customer of these Terms, provided that (where the breach is capable of remedy) the Customer has failed to remedy the breach within 30 days of being given notice to do so by D.I.E.;
10.1.2 the Customer makes any voluntary arrangement or composition with its creditors;
10.1.3 the Customer (being an individual or firm) becomes bankrupt;
10.1.4 an order is made for the appointment of an administrator to manage the affairs, business and property of the Customer or documents are filed with a court of competent jurisdiction for the appointment of an administrator of the Customer or notice of intention to appoint an administrator is given by the Customer or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986);
10.1.5 a resolution is passed or an order is made for the winding up of the Customer (otherwise than for the purpose of amalgamation or reconstruction) or circumstances arise which entitle a court of competent jurisdiction to make a winding up order of the Customer;
10.1.6 an encumbrancer takes possession of or a receiver or administrative receiver is appointed over any of the property, assets or undertaking of the Customer or if circumstances arise which entitle a court of competent jurisdiction or a creditor to appoint a receiver or manager of the Customer or if any other person takes possession of or sells the Customer’s assets;
10.1.7 where the Customer is not a Consumer, the Customer ceases or threatens to cease to carry on business; or
10.1.8 the Customer takes or suffers any similar or analogous action in any jurisdiction in consequence of debt.
11 TERMINATION CONSEQUENCES
11.1 On termination (including expiry) of a Contract:
11.1.1 all Charges outstanding from the Customer to D.I.E. in respect of Products which have been dispatched shall become immediately due and payable; and
11.1.2 D.I.E. shall have no obligation to deliver any Products which have not yet been dispatched to the Customer, provided that D.I.E. reimburses the Customer with any of the Charges relating to such Products which have been paid in advance by the Customer.
11.2 On termination (including expiry) of any Contract all rights and obligations of the Parties under that Contract shall automatically terminate except for:
11.2.1 any rights to take action which have arisen prior to termination; and
11.2.2 any obligations which (expressly or by implication) are intended to come into or continue in force on or after termination; and
11.2.3 the existing rights and remedies of D.I.E. in respect of any breach by the Customer of any of its obligations under these Terms.
12 WARRANTIES
12.1 D.I.E. warrants to the Customer that (subject to the other provisions of these Terms) the Products shall be fit for purpose and of satisfactory quality.
12.2 Where the Customer is a Consumer it may register its purchase with D.I.E. in order to claim an Extended Warranty on the terms of the Warranty Statement. Where the Customer resells the Products to Consumers, it shall provide a copy of the Warranty Statement to such Consumers to enable them to register for the lifetime warranty cover.
12.3 If the Customer wishes to make a claim under the Warranty or Extended Warranty in respect of Products, it must:
12.3.1 return the affected Products to D.I.E.; and
12.3.2 provide a description to D.I.E. of the defect in the Product.
12.4 Subject to clause 12.6, D.I.E. shall use its reasonable endeavours to repair or replace the Products returned in accordance with clause 12.3 within 15 Working Days of receipt.
12.5 If D.I.E. determines, acting reasonably, that the Products do not conform to the Warranty or Extended Warranty as applicable, D.I.E. shall return the repaired or replaced Products to the Customer at no charge to the Customer and shall not make any charges in relation to the repairs or replacement.
12.6 If D.I.E. determines, acting reasonably, that the Warranty or Extended Warranty has not been breached or that clause 12.7 applies, D.I.E. shall be entitled to charge the Customer for the cost of the repair or replacement and shipping. Any such charges shall be invoiced and paid in accordance with clause 6.
12.7 D.I.E. shall not be liable for a breach of the Warranty or Extended Warranty if:
12.7.1 the defect arises because the Customer failed to follow D.I.E.’s oral or written instructions as to the fitting of the Products; or
12.7.2 the defect arises because there has been wilful damage to the Product; or
12.7.3 the defect arises because the Product has been fitted on paintwork other than the manufacturer’s factory paintwork; or
12.7.4 the defect arises due to any event of force majeure in accordance with clause 15; or
12.7.5 the Customer modifies, alters or repairs the Products without the prior written consent of D.I.E.; or
12.7.6 in respect of a claim under the Extended Warranty, where an exclusion in the Warranty Statement applies.
12.8 The warranties contained in this clause 12 are subject to the Customer complying with its obligations (including the obligation to make payment) under these Terms.
12.9 Any Products repaired or replaced by D.I.E. in accordance with this clause 12 shall benefit from the warranties set out in this clause 12 on the same basis as the original Product.
13 LIABILITY– THIS CLAUSE DOES NOT APPLY TO CONSUMERS
13.1 This clause 13 sets out the entire liability of D.I.E. to a Customer which is not a Consumer (including any liability for the acts and omissions of employees) in respect of:
13.1.1 the Products;
13.1.2 any breach of D.I.E.’s contractual obligations arising under any Contract; and
13.1.3 any representation, statement (other than fraudulent misrepresentation) or tortious act or omission including any negligence or breach of statutory duty arising under or in connection with these Terms
(“an Event of Default”).
13.2 D.I.E. shall not be liable to the Customer for any loss or damage or any other costs or expenses (whether arising in contract, tort, negligence, breach of statutory duty or otherwise) arising from:
13.2.1 the Customer’s use or misuse of the Products after delivery; or
13.2.2 any issue or matter set out in clause 12.7.1 to 12.7.5; or
13.2.3 non delivery or delayed delivery except as set out in clause 4.1 which shall be your exclusive remedy.
13.3 Notwithstanding any other provision of these Terms, D.I.E. does not seek to limit or exclude its liability to the Customer for death or personal injury caused by negligence or for fraudulent misrepresentation.
13.4 Subject to clauses 13.1, 13.2, 13.3 and 13.5, D.I.E.’s maximum total liability to the Customer in respect of all claims, losses, damages, costs, charges, expenses, liabilities, demands, proceedings and actions (whether arising in contract, tort, negligence, breach of statutory duty or otherwise) in respect of all Events of Default shall not exceed 125% of Charges paid under the affected Contract.
13.5 D.I.E. shall under no circumstances be liable to the Customer for purely economic losses, loss of profits, loss of contracts, loss of opportunity, loss of business, loss or depletion of goodwill, increased overheads or administration expenses, management time, loss of savings, loss of data, or any type of special, indirect or consequential loss of any nature whatsoever (including without limitation loss or damage suffered by the Customer as a result of an action brought by any third party) even if such loss was reasonably foreseeable or D.I.E. had been advised of the possibility of the Customer incurring it.
13.6 The Customer acknowledges that the exclusions and limitations of liability reflect the level of the Charges and that D.I.E. will make the Products and Services available for a higher charge on terms which contain fewer limitations of D.I.E.’s liability to the Customer.
13.7 Neither party shall be entitled to recover damages in respect of any claim under any Contract or any other agreement between the parties or otherwise obtain reimbursement or restitution more than once in respect of the same subject matter.
14 NOTICES
14.1 Any notice required to be given under these Terms shall be in writing and shall be sent to D.I.E. at the address set out in these Terms and to the Customer at the address set out in the Order Confirmation or such other details as the recipient may notify in accordance with the provisions of this clause. Any notice shall be personally delivered, in which case it shall be deemed to have been given upon delivery at the relevant address, or sent by first class pre-paid post, in which case it shall be deemed to have been given two days after the date of posting, or sent by fax, in which case it shall be deemed to have been given when dispatched, subject to confirmation of uninterrupted transmission by a transmission report, or sent by email, in which case it shall be deemed to have been given when dispatched subject to the sender not receiving notification that it has not been delivered or that the recipient is out of the office.
15 FORCE MAJEURE
15.1 Neither party shall be liable for any delay in performing or failure to perform any of its obligations under these Terms (other than an obligation to make payment) if such delay or failure results from events or circumstances outside its reasonable control, including any delay on the part of a supplier. Such event or circumstance will only be considered to be an event of force majeure under this clause 15 if it is not attributable to the wilful act, neglect or failure to take reasonable precautions of the party who delays or fails to perform, its servants, agents or employees. Such delay or failure shall not constitute a breach of these Terms and the time for performance shall be extended by a period equivalent to that during which performance is so prevented.
16 ENTIRE AGREEMENT
16.1 The Contract (including these Terms and any documents referred to or executed under them) constitutes the entire understanding between the parties concerning the subject matter of the Contract. The parties confirm that they have not entered into any Contract on the basis of any representations that are not expressly incorporated into these Terms. Nothing in this clause shall, however, operate to exclude any liability of either party for fraudulent misrepresentation.
16.2 Each party unconditionally waives any rights it may have to claim damages against the other or rescind any Contract on the basis of any oral or written statement made by the other or by its legal advisers (whether made carelessly or not) that is not set out or referred to in these Terms (or for breach of any warranty given by the other not so set out or referred to), unless such statement or warranty was made or given fraudulently.
17 MISCELLANEOUS
17.1 No waiver by D.I.E. of any of the Customer’s obligations under these Terms shall be deemed effective unless made by D.I.E. in writing nor shall any waiver by D.I.E. in respect of any breach be deemed to constitute a waiver of or a consent to any subsequent breach by the Customer of its obligations.
17.2 Each provision of these Terms shall be construed separately. If the whole or any part of any such provision may prove to be illegal or unenforceable, the parties shall try to agree substitute provision for that which is invalid or unenforceable.
17.3 The parties are not partners or joint venturers nor is the Customer entitled to act as D.I.E.’s agent nor shall D.I.E. be liable in respect of any representation act or omission of the Customer of whatever nature.
17.4 Both parties shall perform all acts and execute all documents which are necessary to give full force and effect to any provision of these Terms.
17.5 No waiver or amendment of any provision of these Terms shall be effective unless made in writing signed by both parties.
17.6 Except where expressly stated to the contrary, no provision of these Terms is intended to or creates any right or benefit enforceable against the parties to these Terms by any person who is not a party under the Contracts (Rights of Third Parties) Act 1999. Notwithstanding that any term of these Terms may be or become enforceable by a person who is not a party to it, any of the terms of these Terms may be varied, amended or modified or these Terms may be suspended, cancelled or terminated by agreement in writing between the parties or these Terms may be rescinded (in each case), without the consent of any such third party.
17.7 The Contract shall be governed by English law in all respects (including formation and interpretation) and the parties irrevocably submit to the exclusive jurisdiction of the English courts or, where the Customer is a Consumer, the relevant UK court.
17.8 In these Terms, unless otherwise specified:
17.8.1 references to D.I.E. and the Customer include their permitted successors and assigns;
17.8.2 references to clauses and sub-clauses are to clauses and sub-clauses of these Terms;
17.8.3 headings to clauses are for convenience only and do not affect the interpretation of these Terms;
17.8.4 any reference in these Terms to any law is a reference to that law as it may be amended, modified, extended, re-enacted or replaced from time to time and includes all subordinate legislation made under it from time to time;
17.8.5 words indicating the singular include the plural, words importing any particular gender shall include all other genders and references to persons shall include companies and other unincorporated associations or bodies and (in each case) vice versa;
17.8.6 in the event of any inconsistency or conflict between the body of these Terms and the content of the Confirmation, the Confirmation shall prevail to the extent of the inconsistency or conflict;
17.8.7 any reference to “written” or “in writing” shall include email and other electronic communications; and
17.8.8 any reference to “including” shall mean “including without limitation”.
17.9 These Terms are drawn up in the English language. If these Terms are translated into another language, the English language text shall in any event prevail.
SCHEDULE
EXTENDED WARRANTY STATEMENT
A Consumer may register its purchase of Products from D.I.E. in order to benefit from extended warranty cover. The extended warranty supplements the Consumer’s statutory rights and includes a lifetime guarantee for the products in respect of adhesion and colour fastness. The Extended Warranty is not transferable.
What is covered by the extended warranty?
The Extended Warranty covers any problem with the colour fastness or adhesion of the Product arising during the lifetime of the Product.
What is not covered by the extended warranty?
D.I.E. shall not be liable for a breach of the Extended Warranty if:
(a) the defect arises because you failed to follow D.I.E.’s oral or written instructions as to the fitting of the Products; or
(b) the defect arises because there has been wilful damage to the Product; or
(c) the defect arises because the Product has been fitted on paintwork other than the manufacturer’s factory paintwork; or
(d) you have modified, altered or repaired the Products without the prior written consent of D.I.E..
How to register
In order to register for extended warranty cover, complete and return the form included in the packaging of the product to D.I.E. at the address indicated on the form. The completed form must be received by D.I.E. for the Extended Warranty cover to apply.
You will be asked to include your personal details. D.I.E. will use these details in accordance with the Data Protection Act 1998 for the following purposes:
(a) to keep you informed of new products and/or services that. (if you do not wish to receive promotional material from D.I.E., contact us at info@D.I.E..com.);
(b) carrying out internal analysis and market research;
(c) to recover debts;
(d) to prevent and detect fraud;
(e) to update our records about you; and
(f) to check your identity.
D.I.E. may also transfer your personal details to third parties who may wish to contact you with details of products and /or services that may be of interest to you. If you do not wish your details to be passed on in this way, please contact us at info@D.I.E..com.
By providing your details you consent to D.I.E. using them as set out in this Warranty Statement.
You have the right to receive a copy of personal data we hold about you, subject to payment of a fee. You can also request that we stop processing your data. If you would like to do this, please contact us at info@D.I.E..com.
How to make a claim
If you want to make a claim under the Extended Warranty, you must:
(a) provide D.I.E. with a description and clear photographs of the defect in the Product; and
(b) when informed by D.I.E. to do so, following review of such photographs by D.I.E., return the affected Products to D.I.E..
D.I.E. shall use its reasonable endeavours to replace the Products returned to it within 15 Working Days of receipt.
If D.I.E. determines, acting reasonably, that the Products do not conform to the Extended Warranty, D.I.E. shall return the repaired or replaced Products to you at no charge to you and shall not make any charges in relation to the repairs or replacement.
If D.I.E. determines, acting reasonably, that the Extended Warranty has not been breached, D.I.E. shall be entitled to charge you for the cost of the repair or replacement and shipping.
Any Products repaired or replaced by D.I.E. in accordance with this Warranty Statement shall benefit from the Extended Warranty on the same basis as the original Product.
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