CORPORATE

DigiiStore: Our Terms

  1. These terms
    1. What these terms cover. These are the terms and conditions on which we supply Products to you.
    2. Definitions used in these terms
      1. Claim Code: means the number or sequence of numbers or alpha-numeric characters linked to the bar code printed on any gift card or E- Voucher or otherwise digitally distributed as supplied by ourselves or a Provider
      2. DigiiStore Card: our gift card permitting you to spend with us up to the amount purchased on the card
      3. Digital Code: means a Claim Code displayed on-screen or delivered via a short message service (SMS), email or other electronic means of communication
      4. Product: means any Provider Product by which you may access the Provider Product Programme
      5. Provider: means the owner or third-party supplier of a Product E.g. Blizzard, Nintendo
      6. Provider Product Programme: means the programme offered by a Provider allowing you to purchase Products and/or services (including software) or access to or to redeem credit from a Provider following your purchase of a Product.
      7. Providers Terms and Conditions: the terms and conditions of the Provider relating to the applicable Provider Product.
    3. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
    4. Where you are purchasing a Product through us other than our own DigiiStore Card you will be asked to read and accept the terms and conditions of the relevant Provider before placing your order with the Provider. Once accepted the Providers terms and conditions will apply and be binding on you in addition to these terms and conditions.
    5. Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
      • You are an individual.
      • You are buying Products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

      Provisions specific to consumers only are in blue and those specific to businesses only are in black.

    6. If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
  2. Information about us and how to contact us
    1. Who we are. We are Identity Creative Ltd (trading as DigiiStore) a company registered in England and Wales. Our company registration number is 08347908 and our registered office is at Unit 1, Cambridge House, Camboro Business Park, CB3 0QH. Our main trading address is Saffron House, 67 High Street, Saffron Walden, Essex, CB10 1AA Our registered VAT number is 160870315.
    2. How to contact us. You can contact us by writing to us at hello@digiistore.com or Saffron House, 67 High Street, Saffron Walden, Essex, CB10 1AA .
    3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
    4. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
  3. Our contract with you
    1. Your order is an offer to us to buy the Product(s) in your order. When you place an order to purchase a Product from us, we will send you an e-mail confirming receipt of your order and containing the details of your order (the “Order Confirmation E-mail”). The Order Confirmation E-mail is acknowledgement that we have received your order and does not confirm acceptance of your offer to buy the Product(s) ordered. We only accept your offer, and conclude the contract of sale for a Product ordered by you, when we dispatch the Product to you with a Product Code (if applicable) and send e-mail confirmation to you that we’ve dispatched the Product to you (the “Dispatch Confirmation E-mail”). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between us for the Product(s) specified in that Dispatch Confirmation E-mail. Your contract is with us with regards to the sale and delivery of the Product(s), but you will also where you are purchasing Product(s) from a Provider under the Providers Product Programme in addition be subject to the Providers Terms and Conditions which you must accept before purchasing any Product from a Provider Product Programme.
    2. Prior to placing your order. You will be required to set up an account, including, without limitation, your foll name, email address and if the Product requires physical delivery, details of the delivery address. It is your responsibility to ensure all your details are correct, including where the Product requires physical delivery, the correct delivery address
    3. If we cannot accept your order. If we are unable to accept your order, we will inform you of this by email and will not charge you for the Product.
    4. Your right to cancel: Without affecting your right of cancellation in respect of the DigiiStore Card set out in Condition 3.3 below, you can cancel your order for a product at no cost any time before we send the Dispatch Confirmation E-mail relating to that Product. This right to cancel does not apply to certain categories of Products and services, including the Claim Code, Digital Code and any other digital products or software which are not supplied in a physical format as we are unable to verify where the Product(s) is sold under the Provider Product Programme whether the Product(s) have been downloaded or used.
    5. Your right to cancel a DigiiStore Card: You can cancel your order for a DigiiStore Card without giving any reason within 14 days from the day on which you or a third party indicated by you (other than the carrier) receives the DigiiStore Card provided we are able to verify to our satisfaction that the DigiiStore Card has not been used in whole or in part.
    6. You consent to receive sales invoices electronically. Electronic invoices will be made available in PDF format to your email address. For each delivery, we will inform you in our Dispatch Confirmation E-mail if an electronic invoice is available.
    7. Authority and Children. We do not sell Products for purchase by children. If you are under 18 you may only use our website with the involvement of a parent or guardian. In accepting our Terms and Conditions you are confirming and giving a warranty that you have the authority to enter into binding contractual relations with any end user, individual or business on whose behalf you purchase any Product from our website and that you are over 18 years of age.
    8. We only sell to the UK and Ireland. Our website is solely for the promotion of our Products and the Products of Providers in the UK and Ireland. Unfortunately, we do not accept orders from addresses outside the UK and Ireland.
  4. The Products
    1. Products may vary slightly from their pictures. The images of the Products on our website or the website of a Provider are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images. We shall have no liability whatsoever for Products displayed on a Providers website. Unless expressly indicated otherwise and save for the DigiiStore Card, we are not the manufacturer, or the designer of the Product(s) sold on this website as part of a Providers Product Programme. While we work to ensure that product information on our website is correct, actual product packaging and materials may contain more and different information to that displayed on our website. All information about the products on our website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our website. Please always read labels, warnings and directions provided with the Product before use.
    2. Product packaging may vary. The packaging of the Product may vary from that shown in images on our website.
    3. Our Guarantee: We guarantee that the Digital Codes we deliver are immediately redeemable. If for whatever reason you have difficulty in redeeming your Digital Code which we have delivered to you, we will use all our reasonable endeavours to resolve the issue as quickly as possible.
  5. Providing the Products
    1. Delivery costs. The costs of delivery will be as displayed to you on our website.
    2. When we will provide the Products.
      1. If the Products are goods. If the Products are physical goods we will deliver them to within the delivery times set out on our website.
      2. If the Product is a one-off purchase of a Digital Code, digital content, e-vouchers or electronic gift cards We will make the Digital Code available by email for download by you within one hour of you making payment if between the hours of 9am to 5pm. Delivery may take longer if outside these hours. It is your responsibility to provide us with the correct email address and we shall have no liability whatsoever if you provide an incorrect email address.
      3. If the Product is a physical card: if you order is received and accepted before 2pm we will instruct our favoured delivery partner the same day to make delivery. If after 2pm we will instruct our delivery partner the next day to make delivery. Please note that once we have instructed our favoured delivery partner, they are then responsible for delivery and we shall not be liable for any late delivery. Please note that unless otherwise stated on the website, delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such.
    3. Each Digital Code is unique. Each Digital Code is unique and can only be redeemed once from one Product Provider.
    4. We are not responsible for delays outside our control. If our supply of the Products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
    5. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Products to you, for example, foll name, email address, delivery address, debit/credit card details. If so, this will have been stated in the description of the Products on our website. We will contact you by email to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the information, we need within a reasonable time of us asking for it.
    6. Reasons we may suspend the supply of Products to you. We may have to suspend the supply of a Product to:
      1. deal with technical problems or make minor technical changes;
      2. failure by you to provide correct contact details, including without limitation, correct email address.
    7. Your rights if we suspend the supply of Products. We will contact you in advance to tell you we will be suspending supply of the Product, unless the problem is urgent or an emergency. If we have to suspend the Product, we will adjust the price so that you do not pay for Products while they are suspended. You may contact us to end the contract for a Product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 3 months and we will refund any sums you have paid in advance for the Product in respect of the period after you end the contract.
  6. Our rights to end the contract
    1. We may end the contract if you break it. We may end the contract for a Product at any time by writing to you if:
      1. you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due;
      2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products,
      3. you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us.
    2. We may withdraw the Product. We may write to you to let you know that we are going to stop providing the Product. We will let you know at least 5 days in advance of our stopping the supply of the Product and will refund any sums you have paid in advance for Products which will not be provided.
  7. If there is a problem with the Product or with DigiiStore Card
    1. How to tell us about problems about our DigiiStore Card. If you have any questions or complaints about the DigiiStore Card, please contact us. You can email us at “hello@digiistore.com.”
    2. Problems with Products purchased from the Provider under the Providers Product Programme. If you have any questions or complaints about any Product purchased by you under the Provider Product Programme you must contact the Provider directly.
  8. Price and payment
    1. Where to find the price for the Product. The price of the Product (which includes VAT) will be the price indicated on our website or the website of the Provider when you placed your order. We take all reasonable care to ensure that the price of the Product advised to you is correct.
    2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Product, we will adjust the rate of VAT that you pay, unless you have already paid for the Product in foll before the change in the rate of VAT takes effect.
    3. When you must pay and how you must pay. We accept payment with Visa Electron, Mastercard and Maestro and American Express. When you must pay depends on what Product you are buying:
      1. For goods, you must pay for the Products before we dispatch them.
      2. For digital gift cards and digital codes, you must pay for the Products before they are emailed to you.
    4. We list availability information for Products sold by us on the website including on each Product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. As we process your order, we will inform you by e-mail as soon as possible if any Products you order turn out to be unavailable and you will not be charged for those Products.
    5. Pricing errors. Despite our best efforts, a small number of the items on our website may be mispriced. We will verify pricing when processing your order and before we take payment. If we or the Provider have made a mistake and a Product’s correct price is higher than the price on the website, we may either contact you before dispatch to request whether you want to buy the product at the correct price or cancel your order. If a Product’s correct price is lower than our stated price, we will charge the lower amount and send you the Product.
    6. We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay us interest together with any overdue amount.
    7. Refunds for DigiiStore Card If you are entitled to a refund under these terms in respect of our DigiiStore Card, we will refund you the price you paid for the DigiiStoreCard including any delivery costs, by the method you used for payment.
    8. Refunds under the Providers Terms and Conditions. If you are entitled to a refund under the Providers Terms and Conditions, then you must deal with this directly with the Provider. We have no obligation or liability to you to make any refund in respect of a Provider Product.
  9. Our responsibility for loss or damage suffered by you if you are a consumer
    1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products.
    3. We are not liable for business losses. If you are a consumer, we only supply the Products for to you for domestic and private use. If you use the Products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 10.
    4. We are not liable for losses suffered in respect of Provider Products. We shall have no liability to you whatsoever in respect of Provider Product(s) supplied by the Provider under the Provider Product Programme. In such cases you should contact the Provider directly.
  10. Our responsibility for loss or damage suffered by you if you are a business
    1. We will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed.
    2. Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.
    3. We are not liable for losses suffered in respect of Provider Products. We shall have no liability to you whatsoever in respect of Provider Product(s) supplied by the Provider under the Provider Product Programme. In such cases you should contact the Provider directly.
  11. No liability for matters beyond our control. We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your right to have the products sent to you within a reasonable time. If the delay occurs before the products are dispatched, we will not charge you for the products until they are dispatched and you may cancel your order at any time prior to dispatch.
  12. How we may use your personal information
    How we will use your personal information. We will only use your personal information as set out in our privacy policy.
  13. Other important terms
    1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
    2. You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    3. Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in foll force and effect.
    5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
    6. Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts.
    7. Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.