Terms & Conditions


These Terms and Conditions (“the Terms”) govern your use of our

website. If you use our website, you are agreeing to comply with and be

bound by the Terms. Please ensure that you read the Terms carefully as

they govern our relationship with you in relation to this website. Please

understand that if you refuse to accept the Terms you will not be able to

accept any Goods on the Website . If you disagree with any part of the

Terms, please do not use our website. .


Definitions and interpretations


In these Terms unless the context otherwise require or admits the

following terms have the following meanings:

(i) “the Act” shall mean the Sale of Goods Act ;

(ii) “the Terms” means the terms and conditions of sale of

the Goods as set out herein and any special terms and

conditions agreed in writing by us ;

(iii) ‘the Goods’ means the goods that we agree to supply

you in accordance with the Terms which shall include all

replacements, renewals accessories and additions of the

Goods wherefore made on or after the date of the Terms ;

(iv) “the Order” means any agreement between us and you for

the sale and purchase of Goods on the website

(v) “the Parties” means either us or you

(vi) “the Purchase Price’ shall mean the sum of money payable

in respect of the Goods supplied and sold by us in its

ordinary course of business to you as may be specified by

us from time to time whether in writing or otherwise ;

(vii) “the Website” shall mean www.digital.gi


Words importing one gender include all other genders and words


importing the singular include the plural and vice versa


The clause headings do not fall part of the Terms and shall not be

taken into account in its construction or interpretation.


Any reference in the Terms to a statutory provision shall be

construed as a reference to the provision as from time to time

amended or re-enacted


Website access

We allow you access to make personal use of the Website but not

to download or modify it, or any part of the Website, except with

our written consent


Your conduct


You must not use the Website in any way that causes or is likely to

cause, the Website or access to it to be interrupted, damaged or

impaired in any way ;


You accept that you and not us are responsible for all electronic

communications and content sent from your computer to us. You

agree to use the Website for lawful purposes only. Thus, you must

not use the Website for any of the following;

for fraudulent purposes, or in connection with criminal offence or

other unlawful activity ;



to send or use any material that is illegal, offensive, abusive,

indecent, defamatory, obscene or in breach of copyright,

trademark, confidence, privacy or other right


Your account


If you use the Website, you are responsible for maintaining the

confidentiality of your account and password and for restricting

access to your computer to prevent unauthorised access to your

account. You agree to accept responsibility for all activities that

occur under your account or password. You should take all

necessary steps to ensure that the password is kept confidential and

secure and you should inform us immediately if you have any

reason to believe that your password has become known to anyone

else, or of the password is being, or is likely to be, used in

unauthorised manner.


Please ensure that the details you provide us with are correct and

complete and inform us immediately of any changes to the

information that you have provided.



We reserve the right to refuse access to the Website, terminate

accounts, remove or edit content or cancel Orders at our discretion.

If we cancel an Order, it will be without charge to you. We may in

it our absolute discretion amend the Terms and/or the Website at

any time without notice. We therefore advise you to regularly

check the Terms. Any changes will apply to any orders that you

place after the time that we update the Terms. The changes will not

apply to any Order that you place before we make the changes on

the Website


Our copyright and database rights

All content included on the Website, such as text, graphics, logos,

button icons, images, audio clips, digital downloads, data

compilations and software is our property. You may not extract

and/or use parts of the contents of the Website without our express

written consent.


Our Contract

When you place an Order and pay the Purchase Price we will send

you an email confirming receipt of your Order and containing the

details of your Order. Your Order represents an offer to us to

purchase the Goods on these Terms which is accepted by us when

we send email confirmation to you that we have dispatched the

Goods. At this point the contract between us will become binding.

Accordingly, when you use our Website, you agree to

communicate with us by email. You agree that all agreements,

notices, disclosures, and other communications that we provide to

you electronically satisfy any legal requirement that such

communications be in writing.


Pricing and availability


We list availability information for the Goods sold by us on the

Website but we shall not be more specific on availability nor do we

accept any responsibility whatsoever if the Goods are unavailable.

As we process your Order, we will inform you by email if any

Goods you order turn out to be unavailable.


Dispatch estimates are simply estimates and are not guaranteed

dispatch times. Accordingly they should not be relied upon as



All prices stated are valid for the day of issue. Unless otherwise

agreed with us ;


the prices stated on our Website are exclusive of packaging,

transport, insurance and customs duties and any other duties ; and



you will pay for the cost of the delivery as well as any other

charges that are deemed appropriate at the time of delivery


Website Disclaimer


The information contained in the Website is for general

information only. Whilst we have provided the information and

shall endeavour to keep the information up to date and correct, we

make no representations or warranties of any kind, express or

implied , about the completeness, accuracy, reliability,

performance, timeliness, suitability or availability with respect to

the Website or the information, Goods, services, or related

graphics contained in the Website for any purpose. You

acknowledge that such information and Goods offered on this

Website may contain inaccuracies or errors and we expressly

exclude liability for any such inaccuracies or errors. Any reliance

you place on such information is therefore strictly at your own risk.


In no event, will we be liable for any loss or damage including

without limitation, indirect or consequential loss or damage or any

loss or damage whatsoever arising from loss of data or profits

arising out of or in connection with the use of the Website. It shall

be your own responsibility to ensure that any Goods, services or

information available through this website meet your specific



Through the Website you are able to link to other Websites which

are not under our control. We have no control over the nature,

content and availability of those sites. The inclusion of any links

does not necessarily imply a recommendation or endorse the views

expressed within them.


Every effort is made to keep the Website running smoothly.

However, we take no responsibility and will not be liable for the

Website being temporarily unavailable due to technical issues

beyond our control.

You declare that you have examined the Goods and that they

are in every respect satisfactory ;



We do not sell the Goods subject to any condition or warranty

express or implied save those implied by the provisions of section

14 of the Act so that without prejudice to the generality of the

foregoing there is excluded ;


any condition of fitness of the Goods for any particular purpose;


in cases where the Goods are sold by reference to a description,


any condition that the Goods will correspond with the description,

any condition that the Goods will corresponds with the description ;



where the Goods are sold by reference to a sample, any condition

that the bulk will correspond with the sample in quality, that the

you will have a reasonable opportunity of comparing the bulk

with the sample, and that the Goods will be free from any defect

rendering them unmerchantable, which would not be apparent on

reasonable examination of the sample ; and

8.6.4 any condition of merchantable quality in respect of the Goods


in conjunction with clause 7 above, nay delivery time stated is an

estimate only. Time for delivery shall not be of the essence to our

contract and we shall not be liable for any loss, costs, damages,

charges or expenses caused directly or indirectly by any delay in

the delivery of the Goods


Damaged or Defective Goods


You must inspect the Goods on delivery and if the Goods are

damaged or defective on delivery or the incorrect quantity of

Goods are delivered, you must notify us within 2 working days of

delivery ;


If you notify us that the Goods have been damaged on delivery

then we shall arrange to collect the Goods or we may ask you to

return the Goods to us at our expense ;


If your claim that the Goods are defective is valid then we will

repair or replace the Goods. If this is not possible, we will refund

you the current market value of the defective Goods ;


We will only accept returned Goods if you ;

(i) have notified us that you are returning the Goods and we have

accepted this ;

(ii) have stored and handled the Goods in satisfactory condition;

(iii) provide us with proof of purchase ; and

(iv) properly inform us about the details of the defect


10 Private Policy


This clause sets out how we use and protect any personal

information that you give us when you use this website. We are

committed to ensuring that your privacy is protected. Should we

ask you to provide certain information by which you can be

identified when using this website, we assure you that it will only

be used in accordance with this provision.


We may collect the following information from you;

10.2.1 name and job title;

10.2.2 contact information including email address ;

10.2.3 demographic information such as postcode, preferences and


10.2.4 other information relating to customer surveys and/or offers


We are committed to ensuring that your information is secure. In

order to prevent unauthorised access or disclosure we have put in

place suitable, physical, electronic and management procedures to

safeguard and secure the information we collect online. Personal

data may be stored at nay data centre where we think is





We shall be entitled forthwith to terminate the Order by written

notice to you if you fail to make payment in accordance with the

Terms ;


Either Party may terminate the Order if the other

11.2.1 commits a material or persistent breach of the Terms and fails to

remedy it within 30 days of written notice being given to it by the

other party to do so ; or

11.2.2 ceases to carry on its business ;

11.2.3 becomes insolvent or bankrupt or is unable to pay debts as they fall



Any rights to terminate the Order shall be without prejudice to the

other’s rights.


On termination of the Order for any reason neither us nor you shall


(subject to the accrued rights) have further obligation under the

Terms to the other.


Risk and Title


Risk of loss or damage to the Goods shall pass to you as soon as

we have delivered the Goods to your premises or as soon as the

Goods shall be collected by you as the case may be in the manner

that we have thereby parted with possession thereof.


The title and property in the Goods shall remain with us until all

due funds relating to the Goods have cleared. Payment must be

made in full upon purchase of the Goods .


Until title of the Goods passes to you in accordance with this

clause 12, you agree to hold the Goods on a fiduciary basis for us.

You further agree that you shall keep the Goods separately

identifiable from all your other goods or those of any third party so

that they can be easily identifiable as our property. You agree to

keep the Goods in a satisfactory condition and keep them properly

insured on our behalf for their full price against all risks and if we

ask you you must show us the policy of insurance


Limitation of Liability


Nothing in the Terms shall limit or exclude our liability for death

or personal injury caused by our own negligence or fraud or any

breach or any liability which cannot be excluded by law ; and


In conjunction with clause 8.2 hereof , we shall not be liable to you

for any loss or damage ;

13.2.1 where there is no breach of a legal duty owed to you by us by our

employees or agents ;

13.2.2 where such loss or damage is not reasonably foreseeable to us

when we accept the Order ;

13.2.3 to the extent that any increase in loss or damage results from a

breach by you of any of the Terms ;

13.2.4 any consequential losses such as loss of business profits , loss of

earnings or any other type of indirect losses


14. Force Majeure

We shall be released from our obligations in the event of any cause

beyond our reasonable control which renders the performance of the

Terms impossible. We will not be held responsible for any delay or

failure to comply with our obligations under the Terms if the delay or

failure arises from any cause which is beyond our reasonable control.

This clause does not affect your statutory rights.

15. Notices


All notices to be given under the Terms shall be in writing ;

15.2 Each notice shall be addressed to the address of the party

concerned set out in the Terms or to such other address at that the

Party shall have previously notified to the other Party

16 Nature of the Terms


These Terms contains the entire agreement between us in respect

to its subject matter and supersedes all previous agreements and

understandings between us and may not be modified except in

accordance with clause 4.3 above


You have not relied upon any representation or warranty by us

except as expressly stated or referred to in the Terms. Our rights

under the Terms shall not in any way be affected by any time or

other indulgence granted by us


In the event that any part or parts of the Terms or the extent hereof

shall be held illegal or null and void by any court or administrative

body of competent jurisdiction the Parties being separately advised

agree such determination shall not affect the remaining parts or

extent of the Terms and it shall remain in full force and effect as if

such part or parts or extent determined illegal or void had not been

included herein


The Terms are personal to you and you may not assign, transfer,

sub-contract or otherwise part with or subrogate any right or

obligation under the Terms without our prior written consent.


The Terms are not enforceable by any person other than the Parties

17 Governing Law and Jurisdiction

The Terms shall be governed by and construed in accordance with

the laws of Gibraltar and the Parties hereby submit to the exclusive

jurisdiction of the Supreme Court of Gibraltar