Terms & Conditions
These terms and conditions (‘Terms’) apply to the users of www.dig1t.com, which is a domain name belonging to:
- Dig1t Games Ltd,
Company number: 9048276 (registered in England),
VAT number: 229 4818 81
Registered office: 505 Pinner Road, Harrow, Middlesex, HA2 6EH.
These Terms affect your rights and liabilities under law. If you do not agree to these Terms, please do not access or use this Website. If you have any queries regarding these Terms then please contact us.
By using the Website you agree to be bound by the following Terms.
2. Amendments to our Terms.
We reserve the right to update these Terms from time to time. Any changes will be notified to you via a suitable announcement on the Website. It is your responsibility to check for such changes. The changes will apply to the use of this website after we have given such announcement. If you continue to use this website after the date on which the change comes into effect, your use indicates your agreement to be bound by the new Terms; and
We also reserve the right to modify or withdraw, temporarily or permanently, this website and any part of the material contained within it without notice to you and you confirm that we shall not be liable to you for any modification or withdrawal of the Website or its contents.
3. Registration of your details.
You warrant that:
- The personal and organisational information which you are required to provide when requesting our game samples is true, accurate, current and complete in all respects; and you are not impersonating any other person or entity.
- You will notify us immediately of any changes to the information you provide by e-mailing us at: email@example.com
- The products purchased on this site are for the use of the buyer only (either an individual or an educational establishment) and are not for re-sale.
When you shop on this website, we will ask you to input personal details and or details of the organisation you are employed by, in order for us to identify you, such as your name, e-mail address, billing address, delivery address, credit card or other payment information. We confirm that this information will be held by us in accordance with the registration we have with the Data Commissioner’s office.
5. Protecting the information you provide to us.
We ensure that we use the most up to date security protocols for handling the data you send to us. Details regarding your credit, debit or charge card are handled by PayPal, whom we have chosen as a trusted payment gateway provider.
We will not tolerate fraudulent transactions and such transactions will be reported to the relevant authorities. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. This is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use. You agree not to upload or transmit through the Website:
- Any computer viruses or other programs designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; and any material which is defamatory, offensive or of an obscene character.
You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information.
8. Third Party Links
As a convenience to our customers, the Website may include links to other websites or material which is beyond our control. For your information, we are not responsible for such websites or material nor do we review or endorse them. We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites or for any damage, loss or offence caused or alleged to be caused in connection with, the use of or
reliance on any such advertising, content, products, materials or services available on such external websites or resources.
- Availability of goods
All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order.
- Acknowledgement of your order
Any orders placed by you will be treated as an offer to purchase the goods from us and we have the right to reject such offers at any time. You acknowledge that the automated acknowledgment of your order which you receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website.
- Contract conclusion
The conclusion of a contract between you and us will take place when we (i) debit your credit, debit card or PayPal account or (ii) when final payment is transferred via bank transfer. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Website.
- Delivery/receipt of goods
You will assume the risk for the products once they have been delivered to the delivery address which you specified when ordering the products. We accept no liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you specified.
10. Cancellation Rights
Where you have purchased the goods or services as an individual who is not representing an educational establishment or other organisation, please note that you are entitled to cancel any contract completed with us within 14 days from the day on which you acquire physical possession of the goods. The box in which the goods arrived in must be unopened and used to return the goods to Dig1t Games Ltd.
If you wish to cancel a contract pursuant to this clause 10, then please see our Returns Policy for further details of how to cancel and return your goods.
In the event of a cancellation, we urge you to cancel your order as soon as possible, we would suggest within 1-2 hours, because we may be able to retrieve the item(s) before they are dispatched. However, if the item has already been shipped, our policy is to reimburse the cost of the product including the cost of the least expensive delivery option. You must cover the cost of the returning delivery.
Faulty, damaged or incorrectly supplied goods are replaced at our cost. We may request that you send us a photograph of the goods and packaging before asking you to return the goods, which will be at our cost.
All returned goods should be sent in the original packaging if intact or other secure packaging, along with original invoice, an explanation of the reason for return and state if exchange or refund is requested. Items should generally be sent using standard postal services, please ensure correct postage is applied and ‘signed-for’ delivery is strongly recommended. For a full product refund, goods must be received in perfect, unopened condition.
Refunds will be made back to your Card or PayPal account (depending on how you paid) when the goods are safely received back by us – and should be visible within a few days following our processing of the refund.
Should you wish to return your order please email us at firstname.lastname@example.org.
11. Price and Payment
All prices quoted on this site are quoted in Pounds Sterling (£) and are exclusive of VAT (where applicable). Prices are correct at the time they are entered on to our system. We reserve the right, however, to change prices at any time without notice to you.
- Delivery charges:
- UK addresses:
£8.50+VAT for parcels up to 5Kg. An extra £1 will be charged per 2Kg of weight over 5KG.
- EU Addresses:
- £15+VAT for parcels up to 5kg (3-4 days delivery). An extra £1.50+VAT per 1Kg will be charged for parcels over 5Kg.
- £35 (2-3 days delivery). An extra £1.50+VAT per 1Kg will be charged for parcels over 5Kg.
- Non-EU/UK addresses:
- £35 for parcels up to 5kg. An extra £3 per 1kg will be charged for parcels over 5kg.
- Orders from outside of the UK
- Orders with a delivery address outside the UK may be subject to import duties and taxes (including VAT) which are levied once a delivery reaches your destination country.
- Any such additional charges must be borne by you. You should note that customs policies and practices vary widely from country to country.
- We recommend that you contact your local customs office for information.
- Please note that cross border shipments may be subject to opening and inspection by customs authorities. In respect of all goods dispatched to you to an address outside of the United Kingdom, you are deemed to be the importer of the goods and must therefore comply with all the laws and regulations of the country into which the goods are being delivered.
For educational establishments, payment can be made by bank transfer or cheque, by any major credit or debit card or via a PayPal account.
For individuals, payment can be made by any major credit or debit card or via your PayPal account. Payments via any of these methods are handled by the PayPal service. Payment will be debited and cleared from your account before we dispatch your goods to you.
- UK addresses:
- Payments via Bank Transfer
If you are ordering on behalf of an educational establishment and have opted to be invoiced for the products you have ordered, we will confirm your order and delivery details prior to dispatch.
In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order in accordance with clause 9, we are not required to sell the goods to you at the price shown. We always try and ensure that the prices of goods shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.
If you cancel your order and you have already paid for the goods, then you will receive a full refund. You confirm that the credit, debit card or PayPal account that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.
Please familiarise yourself with these terms and conditions before you place an order as we reserve the right to reject or cancel any orders which do not comply with these terms even if your credit or debit card has been charged.
We aim to dispatch your order within 24 hours of receiving your order payment. We distribute our products worldwide through a selection of postal and courier services, chosen for their reliability and economy.
- Orders received and confirmed by 1pm (Monday* to Thursday), will be shipped on the same day and should arrive:
- Within 24 hours to postal addresses within the UK
- Within 3-5 days to postal addresses within the EU
- Within 3-7 days to postal addresses outside the EU
- Non-delivery of goods
If your goods do not arrive within the above specified time-ranges, please email email@example.com and title your email ORDER UPDATE and we will try and locate your item. If we are unable to locate your order, we will replace or refund your order.
Please note Royal Mail do not consider items posted to a UK address as “lost” until 15 working days have passed.
13. Eligibility to Purchase
To be eligible to purchase goods on this Website and lawfully enter into and form contracts on this Website under English law you must:
If an individual, be 18 years of age or over; and register your real name, address, phone number, e-mail address any other details requested.By offering to purchase goods and services you represent to us that you are 18 years of age or over and authorise us to transmit information (including updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
14. Rights to use of the games
The products sold on this Website are not for re-sale or distribution. We reserve the right to cancel orders and/or suspend accounts where we believe products are being ordered in breach of this provision.
The products sold on this website are for the sole use of the purchaser or the purchasing institution.
Usage rights for an individual purchaser:
- Upon purchase by an individual, Dig1t Games Ltd grants non-transferrable rights to use the materials for their education or the education of other members of their family.
Usage rights for a teacher:
- Upon purchase by a teacher, Dig1t Games Ltd grants non-transferrable rights to use the materials for the purposes of educating pupils attending the teacher’s class. This includes the right to photocopy the materials in order to make them available to pupils attending their class, and to allow the purchased materials to be taken home by the teacher’s pupils as a homework exercise.
Usage rights for an educational establishment:
- Upon purchase by an educational establishment, Dig1t Games Ltd grants non-transferrable rights to use the purchased materials for the purposes of educating pupils at it’s institution. This includes the right to photocopy the materials in order to make them available to pupils attending it’s classes, and to allow the purchased materials to be taken home it’s pupils as a homework exercise.
- If the educational establishment that purchased our products is part of a larger group or network of educational establishments; or if the educational establishment is an “Academy” that is part of a Trust, then it may not share the products with the other affiliated establishments in it’s network without the explicit permission of Dig1t Games Ltd. In most circumstances, the other affiliated institutions will be required to buy a copy of the games for their use.
15. Intellectual Property
The content of the Website is protected by copyright, trademarks, database and other intellectual property rights and you acknowledge that the material and content supplied as part of the Website shall remain with us or our licensors. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify copy or distribute or use for commercial purposes any of the materials or content on the Website.
16. Limitation of Liability
Notwithstanding any other provision in the Terms, nothing in these Terms:
- affect or limit your rights as a consumer under English law; or will exclude or limit our liability for death or personal injury resulting from our negligence.
- The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use.
- You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the Internet. Whilst we will try to ensure that material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website we will attempt to correct this as soon as we reasonably can.
- In particular, we disclaim all liabilities in connection with the following:
- Incompatibility of the Website with any of your equipment, software or telecommunications links;
- Technical problems including errors or interruptions of the Website;
- unsuitability, unreliability or inaccuracy of the Website;
- and failure of the Website to meet your requirements.
- To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without Limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Website.
- In particular, we disclaim all liabilities in connection with the following:
If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.
18. Waiver No waiver
By us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
19. Entire Agreement
These Terms form the entire basis of any agreement reached between you and us.
20. Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts.
If you submit a review/feedback about our products or service, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Dig1t Games Ltd and its sub-licensees the right to use the name that you submit in connection with such content, if they choose. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Dig1t Games Ltd, including the execution of deeds and documents, at the request of Dig1t Games Ltd. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to Dig1t Games Ltd:
- The content and material is accurate;
- Use of the content and material you supply does not breach any applicable Dig1t Games Ltd guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Dig1t Games Ltd for all claims brought by a third party against Dig1t Games Ltd arising out of or in connection with a breach of any of these warranties.