Terms of Sale

Every sale of Goods by Dyejet is subject to these Terms.

1. Definitions

1.1. The following words have the following meanings in these Terms:

“Appointment” a meeting between Dyejet and the Customer;

“Brochure” a brochure or any promotional material from Dyejet containing information about the Goods and an order form;

“Customer” any person who offers to purchase the Goods from Dyejet;

“Database” a central database held by Dyejet containing the Customers’ personal data contained in the Order, Identification Numbers and serial numbers of the Goods;

“Dyejet” Dyejettheoffender.com Limited, a company registered in England and Wales (Company No. 4994619) whose registered address is at Dyejet House, Old Newton Road, Kingskerswell TQ12 5LB;

“Goods” synthetic DNA “cyphermark” liquid spray products as more particularly described on the Site;

“Identification the Customer’s National Insurance Number, the Customer’s
Number” passport number or any other individual identity number as agreed between the Customer and Dyejet;
“Order” an order for Goods made by the Customer;

“Site” the website accessible at www.dyejettheoffender.com, www.dyejettheoffender.co.uk, www.dyejettheoffender.info, www.dyejettheoffender.net, and www.dyejettheoffender.biz.

1.2. References to singular includes the plural and vice versa. Headings are for convenience only.

2. Orders

2.1. By placing an Order, the Customer agrees that its Order will be subject to these Terms to the exclusion of all other terms and conditions. No Order shall be deemed to be accepted by Dyejet until either the Goods in question are delivered to the Customer or the relevant Order is acknowledged by Dyejet. Dyejet reserves the right to refuse any Order for any reason. All Orders are subject to stock availability.

2.2. The Customer is responsible for ensuring that each Order is complete and accurate before placing the Order and the Customer is responsible for ensuring the details of any acknowledgement are complete and accurate.

2.3. The Customer must provide Dyejet with an Identification Number when placing an order. If the Customer fails to provide such Identification Number or any other information required (as indicated on the Order by way of an *), Dyejet will either contact the Customer to request it or may refuse the Order.

2.4. Orders made via the Site or via a Brochure order form are subject to a maximum order of two units of Goods. Any such order purporting to be for more units of the Goods will be taken to be an order for two units of the Goods. In such circumstances, any additional sums paid by the Customer to Dyejet will be refunded to the Customer.

2.5. Orders placed with Dyejet during an Appointment are subject to a maximum order of 500 units of Goods. Orders made during an Appointment may only be made for the following qualities, 10, 100, 200 and 500.

3. Price

3.1. The price for the Goods shall be the prices published on Dyejet’s relevant order form or in the case of Orders made via the Site as published on the Site on the date of the relevant Order. Dyejet may vary the prices of Goods from time to time.

3.2. The price for the Goods shall be inclusive of VAT.

4. Payment

4.1. Payment for the Goods may be made by cheque, postal order, or credit or debit card payment. All major credit cards, Switch and Maestro are accepted by Dyejet.

4.2. No Goods will be despatched to the Customer, unless payment has been received in cleared funds.

5. Delivery

5.1. Goods will be despatched by Dyejet to the Customer via first class mail or at Dyejet’s discretion in the case of Orders for more than 2 units of Goods by courier service. Carriage charges for all Orders will be paid by Dyejet.

5.2. Goods will be despatched to the address provided by the Customer in the Order and Dyejet will not be liable for any error made by the Customer.

5.3. Dyejet shall not be liable for late or non-delivery, or incorrect delivery of the Goods, unless written notice is given by the customer to Dyejet within 5 days from delivery of the Goods or receipt of Dyejet’s acknowledgement of the Order.

5.4. In relation to any Order made via an order form in a Brochure or via the Site if the Customer reports the relevant Goods undelivered, Dyejet will replace such Goods within a reasonable time a maximum of two times, provided that the Customer complied with clause 5.3. In relation to Orders of 100 units of Goods or more which the Customer reports as undelivered, Dyejet will at its discretion either replace the Goods in question or provide the Customer with a full refund of the price for those Goods, provided that the Customer complied with clause 5.3.

5.5. In the event that Dyejet send the Customer replacement Goods, Dyejet will update its Database accordingly. For the avoidance of doubt, in the event that replacement Goods are sent to the Customer, the individual cipher relating to each unit of replaced Goods will be made void.

5.6. In the event that any alleged undelivered Goods are subsequently received by the Customer, the Customer shall return such Goods to Dyejet at the Customer’s own cost.

6. Risk

6.1. Whilst Goods will be packaged and labelled as necessary to protect them from damage during transit, once despatched any delay, damage or loss of Goods will be a matter between the Customer and the mail service provider or courier as the case may be.

6.2. If the Customer refuses or is unable to take delivery of the Goods or Dyejet is unable to deliver the Goods on time due to any action or omission of the Customer, risk in the Goods shall pass to the Customer and the Goods will be deemed to have been delivered and the clause 6.3 shall apply.

6.3. Risk will pass on delivery of the Goods.

7. Warranty

7.1. Dyejet warrants that, upon despatch, the Goods will be of satisfactory quality within the meaning of the Sale of Goods Act 1994.

7.2. Dyejet shall not be liable for a breach of clause 7.1, unless the Customer gives written notice of the defect or damage to Dyejet within 3 days of the date of delivery and Dyejet is given a reasonable opportunity, after receiving the notice, to examine such Goods.

7.3. Dyejet will not be liable for a breach of clause 7.1, if the Customer uses the Goods after giving notice under clause 7.2 or the defect or damage is caused by the mail service or courier as the case may be. Dyejet will supply carriage details and terms of carriage on request.

7.4. Subject to clauses 7.2 and 7.3, in the event that any Goods do not conform to the warranty in clause 7.1, Dyejet may, at its option, either replace such Goods or refund the price of such Goods. The Customer shall, at Dyejet’s request and expense, return the defective Goods.

7.5. If Dyejet complies with clause 7.4 it shall have no further liability for a breach of the warranty in clause 7.1 in respect of such defective Goods.

7.6. All warranties, conditions and other terms implied by statute or common law are hereby excluded, to the fullest extent permitted by law.

8. Cancellation

8.1. Subject to clause 8.2 below, the Customer has the right to cancel any Order for any reason any time before receipt of the Goods, or up to 14 days after receipt of the Goods. The cancellation must be in writing and must be received by Dyejet within the periods specified in this clause.

8.2. If the Customer has already received the Goods, the Customer can only exercise the right to cancel an Order above if the Goods are still in a re-saleable condition, the dye has not been sprayed and the packaging has been retained. If the Customer’s right to cancel hereunder is exercised:

8.2.1. the Customer must return the Goods at his own cost to the address in these Terms;

8.2.2. the Customer must ensure that the Goods are not damaged or used in the meantime; and

8.2.3. if the Customer does not return the Goods as required, Dyejet may charge the Customer the costs of recovering them itself.

9. Limitation of Liability

9.1. Subject to clause 9.2 and unless otherwise set out in these Terms all other liability of Dyejet is hereby excluded. The Customer’s statutory rights are not affected.

9.2. Nothing in these Terms will exclude or restrict Dyejet’s liability for fraudulent misrepresentation and/or for death or personal injury arising as a result of Dyejet’s negligence.

9.3. Subject to clause 9.2:

9.3.1. Dyejet’s total liability in contract, tort or otherwise is limited to 150% of the price of the Goods which give rise to the loss or damage; and

9.3.2. Dyejet shall not be liable to the Customer for any consequential loss under these Terms, including but not limited to loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of Dyejet, its employees or agents or otherwise) which arise out of or in connection with the sale of Goods in accordance with these Terms or at all.

9.4. Subject to Dyejet permitting the Police access to the Database in accordance with clause 11.2 below, Dyejet shall not be responsible for investigating and detecting of crime, prosecuting offenders, identifying offenders, or solving crimes which shall be a matter for the Police.

10. Intellectual Property

10.1. “Dyejet” and the “Dyjettheoffender.com” logo are registered trade marks (the “Trade Marks”) of Dyejettheoffender.com Limited.

10.2. The Customer will not alter or make any addition to the labelling or packaging of the Goods displaying the Trade Marks, and shall not alter or deface in any manner or remove any reference to the Trade Marks, any reference to Dyejet or any other name attached or affixed to the Goods or their packaging or labelling.

10.3. The Customer will not use any name or mark similar to or capable of being confused with any of the Trade Marks.

10.4. The Customer will indemnify, defend and hold harmless Dyejet against any breach of clauses 10.2 and 10.3.

10.5. The Goods are not for re-sale and the parties agree that re-sale of the Goods is strictly prohibited.

11. Data Protection

11.1. The Customer agrees to the processing of personal data collected by it via the Site and the Orders for the purpose of fulfilling each Order for Goods.

11.2. The Customer agrees to Dyejet permitting the Police access to the Database for the purpose of investigating and solving crimes.

11.3. Dyejet will comply with all relevant legislation including the Data Protection Act 1998. Dyejet is registered with the Office of the Information Commissioner under registration number Z8657806. Dyejet has systems in place to protect the security of the Customer’s personal data. For further information, see our Privacy Policy, a copy of which is on the Site.

12. General

12.1. Dyejet may make reasonable amendments to these Terms by posting changes on the Site. If the Customer submits an Order after such a change, the Customer will be deemed to have accepted the amended Terms.

12.2. If any of these Terms is determined to be illegal, invalid or otherwise unenforceable then it shall be severed from these Terms and the remaining Terms shall survive.

12.3. Dyejet may assign its rights and obligations under these Terms. The Customer may not assign its rights or obligations under these Terms without written permission from Dyejet (not to be unreasonably withheld or delayed).

12.4. No provision of these Terms shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by third parties.

12.5. Dyejet will not be liable for failure to meet its obligations under these Terms due to circumstances outside its control.

13. Notices

Any notice required or permitted under these Terms must be in writing (which includes e-mail) and shall be deemed to have been received 48 hours after posting by first class mail (for notices posted within the United Kingdom) with postage prepaid to Dyejet House, Old Newton Road, Kingskerswell TQ15 5LB, or if sent by e-mail to info@dyejettheoffender.com upon receipt of a safe delivery notification. Notices sent from outside the United Kingdom must be sent by airmail which shall be deemed to be received 10 days after posting with postage prepaid to Dyejet House, Old Newton Road, Kingskerswell TQ15 5LB.