Last updated: November 06, 2021
Welcome to our online store! DIGITALLYSUPPLY.COM and its associates provide their services to you subject to the following conditions.
- Digital downloads are given their own unique category under the Consumer Contracts Regulations and are therefore not services or goods.
- By agreeing to these terms & conditions, you are also agreeing to our Returns Policy.
- Refunds can only be processed IF, in the unlikely event, a license key is faulty.
- We cannot be held responsible for orders “made in error”, and/or the wrong products being ordered.
- If you want to download/use something within 14 days of buying it, you agree to these terms and conditions and you are automatically giving your consent, and agree to waive your cancellation rights.
- This is to protect digital goods sellers against certain users abusing the system, by purchasing a license key, using it, then applying for a refund.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Digitally Supply.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Service refers to the Website.
- Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order.
- Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order.
- Order means the Customer’s order for the Services from the Supplier as submitted following the step by step process set out on the Website.
- Contract means the legally-binding agreement between you and us for the supply of the Services.
- Consumer means an individual acting for purposes that are wholly or mainly outside his or her trade, business, craft, or profession.
- Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to Digitally Supply, accessible from https://www.digitallysupply.com
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Services
The description of the Services and any Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of any Goods supplied.
In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
All Services which appear on the Website are subject to availability.
We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
Personal information
We retain and use all information strictly under the Privacy Policy.
We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
The description of the Services and any Goods in our website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract, and before performance begins of any of the Services.
Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 14 days from its date, unless we expressly withdraw it at an earlier time.
No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
Fees and Payment
The price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out on the Website at the date we accept the Order.
Fees and charges include VAT at the rate applicable at the time of the Order.
You must pay by submitting your credit or debit card details with your Order and we can take payment immediately.
Delivery
We will deliver the Services, including any Goods, to the Delivery Email by the time or within the agreed period.
If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
You agree we may deliver the Goods in installments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal and cancellation
Please refer to the top of this page for your cancellation rights. By making a purchase, you are agreeing to these terms.
Deduction for Goods supplied
We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Returning Goods
Please refer to the top of this page for your return rights. By making a purchase, you are agreeing to these terms.
Conformity
We have a legal duty to supply the Goods in conformity with the Contract and will not have conformed if it does not meet the following obligation.
Consumer accepts that he/she is acting for his own company or on behalf of a third party company which he/she represents.
Consumer accepts and guarantees that he is VAT registered and is using his real VAT number or, in the case he has not used his VAT number upon purchase, he agrees to send it to the Supplier after purchase. In the case that this conditions are not met, the Supplier will have to charge VAT to the order.
Upon delivery, the Goods will:
be of satisfactory quality;
be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and conform to their description.
It is not a failure to conform if the failure has its origin in your materials.
We will supply the Services with reasonable skill and care.
In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).
Successors and our sub-contractors
Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Excluding liability
The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer – because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.
Governing law, jurisdiction, and complaints
The Contract (including any non-contractual matters) is governed by the law of England and Wales.
Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
We try to avoid any dispute, so we deal with complaints as follows: so contact via ( Email: [email protected] or WhatsApp: 447418354794 or open ticket: https://www.digitallysupply.com/ticket/ ) to solve your dispute.
Warranty and Limitation of Liability
DIGITALLY REALITY® warrants that Goods purchased through the Website will be of satisfactory quality and fit for the purpose for which they are supplied.
All Goods supplied by DIGITALLY REALITY® are warranted free from defects for 12 months from the date of purchase, unless otherwise stated. All warranties are return to base except where a manufacturer’s warranty exists in which case You must conform with the manufacturer’s warranty procedures. Defects in the Goods arising due to fair wear and tear or due to damage howsoever caused by You or any third party will not be covered under this warranty. This warranty does not affect Your statutory rights as a consumer.
DIGITALLY REALITY® shall not be liable to any person for any loss or damage arising from the use of any Goods or information displayed on the Website.
DIGITALLY REALITY® shall not in any event be liable (whether in contract or otherwise) for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by You or for any wasted management time, failure to make anticipated savings or liability You may incur to any third party arising in any way in connection with these Terms or otherwise whether or not such loss has been discussed by DIGITALLY REALITY® and You pre-contract or for any account for profit, costs or expenses arising from such damage or loss.
DIGITALLY REALITY® aggregate liability in respect of these Terms and any matter arising out of it (including claims whether made in contract or tort) shall be limited to a sum equal to twice the Fee excluding VAT.
Subject as expressly provided in these Terms all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
Nothing in this clause shall operate so as to exclude DIGITALLY REALITY® liability for death or personal injury arising out of its negligence.
Digital Goods
Under Article 4 (c) of the European Council Directive on the Legal Protection of Computer Programmes, digital goods are not “first sale,” and are covered by the EU Community Exhaustion doctrine
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 1000 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
UK Legal Compliance
This SOFTWARE PRODUCT and all services provided may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any UNITED KINGDOM, State, or City law is strictly prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and another statute. You agree to indemnify and hold digitallysupply.com harmless from any claims resulting from the use of this SOFTWARE PRODUCT, which may damage any other party.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
End-user license agreement (EULA)
Please read the following terms and conditions carefully before using this SOFTWARE PRODUCT. Your use, distribution, or installation of this copy of “MICROSOFT PRODUCTS” indicates your acceptance of this License.
SOFTWARE PRODUCT means Software, image files, all accompanying files, data, and materials received with your order of “MICROSOFT PRODUCTS”.
If you do not agree to any of the terms of this License, then do not install, distribute or use the SOFTWARE PRODUCT. If you have purchased a single copy from digitallysupply.com or an authorized distributor, reseller, or any retail channel, you may return it unused, within thirty (30) days after purchase, for a refund of your payment less any incidental charges. The 30-day warranty is applicable only to products bought within UNITED KINGDOM. Products downloaded to or shipped out of YOUR COUNTRY are strictly non-refundable.
The warranty covers defects in the software, which prevents successfully installing the software on the buyer’s PC. Warranty does not cover fitness of purpose, not meeting expectations or needs in the mind of the buyer.
This SOFTWARE PRODUCT is for personal use only and may be installed and used by only one computer. Its component parts may not be separated for use on more than one computer. SOFTWARE PRODUCT may be accessed through a network only after obtaining a site license. All components accompanying the software are copyrighted by digitallysupply.com and may not be taken apart, modified, used, or published with other software or means except with the SOFTWARE PRODUCT software and may not be distributed or copied in any manner.
This SOFTWARE PRODUCT, all accompanying files, data, and materials, are distributed “AS IS” and with no warranties of any kind, whether express or implied. The user must assume all risks of using the program. This disclaimer of warranty constitutes an essential part of the agreement.
Any liability of www.digitallysupply.com will be limited exclusively to a refund of the purchase price. In addition, in no event shall digitallysupply.com, or its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organizations, be liable for any incidental, consequential, punitive, or any other damages whatsoever relating to the use of SOFTWARE PRODUCT.
In addition, in no event does digitallysupply.com authorize you to use this SOFTWARE PRODUCT in applications or systems where SOFTWARE PRODUCT‘s failure to perform can reasonably be expected to result in a physical injury, or in loss of life. Any such use by you is entirely at your own risk, and you agree to hold digitallysupply.com harmless from any claims or losses relating to such unauthorized use.
This Agreement constitutes the entire statement of the Agreement between the parties on
the subject matter and merges and supersedes all other or prior understandings,
purchase orders, agreements, and arrangements. This Agreement shall be governed by the laws of the UNITED KINGDOM OR STATE.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
ilation of all content on this site is the exclusive property of the Company and protected by international copyright laws. All software used on this site is the property of the Company or its software suppliers and is protected by international copyright laws.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you’re unsure of which product to purchase, please Contact Us beforehand.
If you have any questions about these Terms and Conditions, You can contact us:
- By email: [email protected]
- By visiting this page on our website: https://digitallysupply.com/contact/