Terms & Conditions

1. Any reference to "Destiny", "Seller" , "Us" or "We" shall mean Destiny Wireless plc, registered office:
10 Quarry Street, Guildford, Surrey GU1 3UY, who sell or supply Digital Pen and Paper technology and accessories in the course of their trade or business.

2. "Buyer", "Purchaser" or "You" shall mean any person, sole trader, partnership, business, body corporate or other entity detailed in the appropriate section of the sales invoice/order form and shall include all successors, heirs and assigns. Where a person deals entirely as a consumer, legal rights shall remain unaffected. Where the term Buyer appears within these terms it shall mean consumer Buyer/Purchaser unless specified as relating to a trade Buyer or consumer Buyer individually.

3. Goods or equipment shall mean the items detailed in the appropriate section of the sales/order form and it shall be a core term of this Agreement that all ancillary items are additional to this Agreement unless specifically detailed within the sales invoice/order form.

4. Price shall mean the consideration due for purchase and shall exclude VAT unless otherwise stated. Purchasers should note that prices quoted may vary and current prices are quoted at the time of order. In respect of orders placed via the Internet, these shall not be accepted by Us until confirmed.


GENERAL
5. "Working day" shall mean any day excluding Saturdays, Sundays and public holidays.

6. These conditions (the "Agreement") shall apply to all of Destiny's quotations, contracts and orders made by telephone or by Internet for the sale or supply of Goods accepted by Destiny, unless other conditions are agreed in writing at the time. For the trade Buyer, any other terms or representations, whether implied by statute, made prior to, collateral with or subsequent to the contract or order are hereby excluded and shall not be binding upon Destiny. For the consumer Purchaser, additional conditions shall only be binding upon Destiny if confirmed in writing by Us.

7. Destiny reserves the right to amend technical or clerical errors in any order without notice. In addition, the Buyer shall ensure that all details contained within the order are correct and no liability for any error or inaccuracy shall lie with Destiny.


GUARANTEES
8. All guarantees for products are provided entirely by the manufacturers and are subject to terms contained therein. Purchasers are reminded to complete all warranty cards/documents upon receipt of Goods where appropriate.


LIMITATIONS UPON LIABILITY
9. Advice given by agents or servants of Destiny during telephone/Internet orders is based entirely upon information given by the Purchaser. Where advice is given after visual inspection by agents or servants of Destiny, such advice shall amount to an opinion only and Destiny shall not accept liability for any inaccuracies. Additionally, Goods supplied are supplied only to correspond to the purpose for which Goods of that kind are commonly supplied and not alternative Uses to which they may be put. No liability for failure can be accepted by Destiny for such alternative use, amendment or modification.

10. Compatibility of Goods is not guaranteed where modifications or alterations have been made and Destiny shall, in such circumstances, and at its discretion, issue a refund or credit to the Purchaser.

11. Where Goods purchased by the Buyer are alleged to be defective, the Purchaser agrees to return such Goods to the seller for inspection and report (without the seller replacing the said Goods prior to such inspection). The Purchaser further confirms that it shall be reasonable for the seller to inspect, repair or replace (at its option) such defective Goods and allow manufacturers to undertake inspections so as to allow production methods to be modified. The Purchaser also accepts that it is reasonable to inform the seller of any interruption, defect or other failure prior to contacting independent third parties or incurring expense and, in addition, to allow the seller to remedy the defect, failure or interruption. Parts modified or adapted by the Purchaser shall no longer be warranted by the manufacturer nor shall Destiny be liable for any failures resulting subsequent to modification.

12. Where modifications or alterations and poor maintenance to Goods have been made Destiny shall accept no liability for death or personal injury unless caused directly by its own negligence.

13. No liability is accepted by Destiny where Purchasers attempt to modify or install components supplied where it is known or ought reasonably to be known that the part supplied is incorrectly supplied, defective or otherwise not in accordance with the order.

14. Destiny accepts no liability in respect of failure to supply or other interruptions caused by matters beyond the reasonable control of Destiny, including strikes, lockouts, civil disputes, acts of God, war or actions by third parties.

15. The Buyer may choose to enter into an agreement with Destiny (the "Services Agreement") for the provision of services (the "Services") relating to the Goods or Equipment. Destiny shall take all reasonable steps to provide You with any Services during the course of the Services Agreement BUT it is not possible for Destiny to provide the Services fault free: accordingly Destiny do not guarantee to do so and We shall not be liable in any way for loss or damage arising directly or indirectly through our being unable to perform our obligations under this Services Agreement as a result of any cause beyond our reasonable control. Destiny is particularly dependant on the operational performance and activities of all the other organisations involved in the provision and/or use of the Services and the networks.

16. You accept that the Destiny network, Third Party networks any other network that is Used to provide the Services may affect the level of the Services provided. It will also be affected by the local environment in which You are operating, the physical and geographic nature of the locality and the atmospheric conditions. In addition, networks and Services may fail or require maintenance without notice.

16.1 You accept that some of the Services may rely upon GPRS (General Packet Radio Service) or the internet and the provision of the Services Using GPRS or internet is dependant on the provision of normal uninterrupted telecommunication or data services, power supplies and equipment which may be owned, controlled or operated by third parties or which may be subject to statutory control or which may operate under government granted licences or permits. The level and quality of the Services at any time may be impaired or suspended by any act or omission of any authority or regulatory body which may now or later have responsibility for (or control over) any aspect of the delivery of any part of the Services.

16.2 You accept that the transmission and reception of GPRS signals can be interrupted, distorted or otherwise adversely affected by the presence of buildings and other structures and features, natural and man made radio interference and the effects of the atmosphere.

16.3 We shall provide the Services Using reasonable skill and care. But, save as expressly provided in this Agreement:

16.3.1 All warranties, guarantees and conditions relating to the Services (whether express or implied by statute, common law or otherwise) are excluded;

16.3.2 We shall be under no liability whatsoever to You whether contractual, tortious or otherwise in respect of any loss, damage, expense or injury arising directly or indirectly from any failure to perform fully the Services and whether or not caused by our negligence or the negligence of our employees agents or sub-contractors and in particular ( but without prejudice to the generality of this Clause) We shall not be liable for any consequential or any direct losses, damages, expenses, loss of profit, loss of goodwill, loss of data, savings not made or any liability to third parties which may be suffered or incurred by You in connection with any failure to perform fully the Services.

17. Our liability to You, for any one claim or the total of all claims arising from any one act or default or any single series of acts or defaults by Us, our employees, agents or sub-contractors whether for negligence, breach of contract or otherwise shall not in any event exceed the total amount paid by You to Us in the previous 12 month period.

17.1 This Agreement does not;

17.2 restrict or exclude liability for death or personal injury caused by our negligence or the negligence of our employees, agents or contractors; or

17.3 restrict or exclude any of our liability arising under Section 2 of the Supply of Goods and Services Act 1982

17.4 where You are a person dealing as a consumer (as defined in Section 12, Unfair Contract Terms Act 1977), affect Your statutory rights under the Supply of Goods and Services Act 1982.

17.5 You are required to notify Destiny of any claim under Clause 17 as soon as is reasonably possible.

17.6 For the avoidance of doubt, You remain responsible for satisfying Yourself that the Goods or equipment and the Services ordered are appropriate for the end Use or end product into which the Products are to be incorporated.

17.7 As it is not possible for software to be tested in every possible permutation, Destiny does not warrant that the software provided will be free of all faults or that its Use will be uninterrupted


PAYMENT TERMS
18. Quotations are given on the assumption that no variation in the price will be made by the manufacturer and that Government levies remain unaltered. In the event of such changes, orders placed before the variation will remain the same price and no further increases will be passed to customer.


TITLE AND DELIVERY
19. Title to the product shall not pass to the Buyer until Destiny has received payment in full completing the contract. In the event that sums owing in respect of other items ordered within contract remain due, apportionment by Destiny shall take place without prejudice to the right to retain title in respect of all Goods ordered.

20. All times given for dispatch or delivery are approximate and time shall not be of the essence. The Buyer agrees to allow 30 days in any written notice making time of the essence and further agrees to accept full liability in respect of delayed or late delivery or dispatch. In any event, delivery times are approximate and variable. When delivery is effected to the Purchaser directly or to an independent delivery contractor as agent for the Purchaser, risk shall pass to the Buyer immediately.

21. The Buyer is required to notify Destiny, in writing, of any shortage, miss delivery or other discrepancy immediately, or at the latest within five days of such failure, thereafter the Buyer shall be liable for any such discrepancy. Where delivery is effected to the Buyers own delivery contractor, loss or damage in transit claims should be made directly to the carrier. Destiny will assist Purchasers in making their claim. Buyers should retain all packaging in the event of a claim or return within the terms of this Agreement.


CANCELLATION OF ORDERS AND LIABILITY
22. A consumer Buyer shall have the right to cancel any contract for Goods made in accordance with these Terms and Conditions within fourteen working days from the day after delivery of the Goods.
Cancellation of the contract must be effected in writing to Destiny's registered address.

23. If a Notice of Cancellation is received by Destiny in accordance with Clause 22 the consumer Buyer shall become liable to return the Goods to Destiny forthwith, to such address as directed by Destiny preferably in their original packaging (and without having been installed or Used) and at the consumer Buyer's sole expense.

24. If the consumer Buyer fails to return the Goods within 14 days of the cancellation of the contract, Destiny shall be entitled to collect the Goods from the consumer Buyer and to recover any direct costs involved in such collection from the consumer Buyer.

25. Destiny shall effect a refund of any monies owing to the consumer in respect of the Goods within 30 days from the date of cancellation of the contract. Such a refund will be subject to any offset of monies to which Destiny is entitled under Clause 24.

26. Goods delivered to the Buyer may be returned to Destiny preferably in original packaging (packaging must be adequate for returning by post etc) and without being installed or Used for credit within 14 days from the day after delivery of the Goods.

27. The Buyer confirms that he shall comply with any or all rules relating to installation of the product concerned and fully accepts that any loss which results from forced, misdirected, inappropriate or unqualified installation shall not be accepted by Destiny.


JURISDICTION
28. This Agreement shall be interpreted in accordance with English Law and industry custom and practice, and English courts shall have sole jurisdiction in respect of any dispute arising there from. In respect of Internet sales, jurisdiction or the Agreement shall be with English Law and it shall be deemed that any Agreement is made in Guildford, Surrey , irrespective of any rule of contract dictating otherwise.


PRIVACY POLICY
PLEASE NOTE:
Destiny values Your privacy, and therefore do not disclose information to third parties. Cookies are Used on this site only to keep track of the contents of Your shopping cart once You have selected an item, and to store delivery addresses when You register. There is an option to store a cookie on the PC when You first register.

When You pay for Goods Your details are passed through the Worldpay system purely for payment processing and anti-fraud purposes, for Your protection.

We are committed to protecting Your privacy. We will only Use the information that We collect about You lawfully in accordance with the Data Protection Act 1998 . We will collect any information given at the time of the ordering process only to enable Us to input and process Your order.

We will not e-mail You in the future unless You have given Us Your consent. If You wish to be deleted from our mailing list at any time please follow the unsubscribe link at the bottom of the email.

If You wish to contact Us regarding our privacy policy please email Us:
Contact the Website administrator.


ACCURACY
This Website has been prepared solely on the information supplied by the contributors and manufacturers. Its accuracy cannot be guaranteed. The publishers and their production team cannot accept liability for inaccuracies, errors or omissions in such information howsoever arising. Prices are correct at the time of submission to the site, excluding genuine mistakes.

Specifications are advised by the manufacturer, and are subject to change by the manufacturer at any time.


DESTINY DELIVERY POLICY
Free Delivery anywhere in the UK
All items purchased from our online shop will be delivered for free to anywhere in the UK.
Delivery will be within 3 workings days of payment confirmation.
To place an order for delivery outside of the UK, please contact our Sales Teamt: +44 (0) 1483 734050
e: sales@destinywireless.co.uk


DESTINY RETURNS POLICY
Refunds and Returns
You may return most new, unopened and unused items sold by Destiny Wireless Plc within 14 days of delivery for a full refund. Items unopened and unused returned after 14 days of delivery will receive a partial refund.
If you are unsatisfied with any product in the Destiny online shop, please return it within 14 days of delivery and packaged well to prevent damage. If you discover that the item is defective after package is opened, a full refund or replacement will be granted. (Please refer to Exchange/replacement details)
Once product is received and evaluated for clean preservation without marks or damage, a full refund can be processed.
Shipment / delivery cost of any returns is the purchaser's responsibility.


EXCHANGES
If you received a faulty item and need to exchange it for the same item, contact our office for a replacement.
Tel: (0)1483 734050

Com Reg number 04614366
10 Quarry Street,Guildford,Surrey,GU1 3UY