TERMS AND CONDITIONS OF PURCHASE
(last updated 04.2008)
These terms and conditions will apply in all situations including when you access our Website and use our on-line ordering service. Before proceeding to place an order, we ask that you read these terms and conditions carefully. You will also find that they contain some useful advice on how to use our on-line ordering service.
PLEASE READ THESE TERMS AND CONDITIONS OF PURCHASE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE. YOUR STATUTORY RIGHTS ARE NOT AFFECTED BY THESE TERMS AND CONDITIONS.
If you regularly use this Website you should continue to check this page for updates and amendments to the terms and conditions as you will be deemed to have accepted variations if you continue to use this Website after they have been posted.
A. GENERAL INFORMATION
For your convenience, we have listed below some general information about ourselves:
“We” are Home Cinema UK Limited and our registered address is Elta House, Birmingham Road, Stratford upon Avon CV37 0AQ;
Our company registration number is 5076496;
Our VAT number is 837 8913 79;
We subscribe to the following codes of conduct SafeBuy and Trust UK.
B FORMATION OF CONTRACT
Set out below is a useful summary of the steps which you must follow in order to conclude a legally binding contract with us:
Step 1: Provided that you agree unconditionally to these terms and conditions, you will be given the opportunity to place an order. Our standard order form which contains information on price together with a description of the products and services which are available, and an explanation of any promotional offers and methods of payment.
Step 2: On completing the order form you will be given the opportunity to submit an order to us by clicking on the “order” button which appears at the end of the form. You will have an opportunity to check and correct any input errors in your order up until you submit your order. On receipt, we will send to you notification by electronic mail that your order has been received.
If you do not wish to submit an order to us, you should click on the “Back” button and you will return to our home page.
(1) Please Note: All orders made by you through this Website are subject to acceptance by us. We will acknowledge your order by email, please note that this is an acknowledgement email only and does not mean that we have accepted your order. We will debit your credit card at time of order, however, if your order is no accepted we will credit your card immediately. We may choose not to accept your order for any reason. There will be no contract of any kind between you and us until we actually despatch the products to you. At any point up until then, we may decline to supply the products to you without giving any reason.
(2) If the products you have ordered are not available from stock we will contact you by email within 7 days and you will have the option to either wait until the products are available from stock or cancel your order in accordance with our Cancellation and Returns Policy set out below.
(3) All agreements by which we agree to supply goods and services to you shall be subject only to these Conditions notwithstanding any variation or attempted variation of these Conditions made by you in your order form, confirmation of order or similar document or otherwise. All orders by you for goods or services shall for all purposes be deemed to be an offer to purchase goods and services pursuant to these Conditions and shall be conclusive evidence of your acceptance of these Conditions.
(4) Please Note: The images of the products on this Website are approximate only and the products you order may differ slightly in appearance, colour, etc. We are careful to ensure that the price and description of products offered on this Website is accurate. However, sometimes, an error can occur. If we find an error (in the price or description of products) you have ordered, we will tell you if we consider the variations to be material in terms of their performance and ask you if you wish to proceed with your order or cancel.
(5) You can track the progress of your order by logging in and then going to “My Account”.
ORDERING PRODUCTS FROM THIS WEBSITE
1 GENERAL
1.1 When submitting an order you are confirming that you are the required legal age to purchase the product. If it is discovered that you are not legally entitled to order certain products, we reserve the right to cancel your order immediately without notice.
1.2 If you are not a private consumer (i.e. you are ordering products as or on behalf of a business), you confirm that you have the authority to bind any business on whose behalf you use this Website.
1.3 All descriptions, drawings and other particulars relating to the goods listed on this or any other associated website, in any catalogues, leaflets, brochures or other documents are for illustrative purposes only and do not form part of the agreement between us.
1.4 Goods supplied will be in accordance with manufacturers normal designs and specifications current at the date of manufacture or delivery and the supply by us of goods differing from any contractual or pre-contractual specifications or descriptions shall not be a breach of the agreement between us in so far as the goods are of approximately equivalent performance to the goods referred to in such specifications or descriptions.
1.5 We may from time to time make changes in the specification of the goods and services which are required to comply with any applicable safety or statutory requirements or which do not materially affect the quality or fitness for purpose of the goods and services.
2 PRICES AND PAYMENT
2.1 We accept payment by Visa, Mastercard, Delta, or Switch. Payment will be processed when we receive your order for the products. By proceeding with the order, you confirm that the payment card being used is yours or you are duly authorised. All payment card holders are subject to validation checks and authorisation by the card issuer. We are not responsible for your card issuer or bank charging you as a result of our processing your payment.
2.2 All prices displayed on this Website are in UK pounds sterling. The prices include VAT (where applicable) and include delivery charges save where deliveries are to the Scottish Islands, Shetland, Orkney, Channel Islands, Isle of Man, the Republic of Ireland or any other geographical location outside mainland UK where charges will be agreed on an individual basis. Insurance is available at an additional cost and available when requested. Non payment within 7 days of the invoice will entitle us to charge interest at 5% above the base rate of our bankers.
2.3 The total cost of your order will be the price for the products and the applicable delivery charge (see below). The total cost will be displayed to you in your shopping basket before you submit your order.
2.4 Prices and products displayed are subject to availability and may change before (but not after) we accept your order. We will advise you of any change in the price or product and offer you the chance to cancel your order should such a change occur before we accept your offer.
3 DELIVERY
3.1 This Website is for delivery of products to customers located in mainland UK addresses only. Orders can be processed at additional cost and delivered to the Scottish Islands, Shetland, Orkney, Channel Islands, Isle of Man, the Republic of Ireland, Northern Ireland or any other geographical location outside mainland UK.
3.2 Delivery charges and estimated delivery times are set out in the “Delivery Policy” . Time for and manner of delivery is not of the essence of the contract.
3.3 The products you order will be delivered to the cardholder’s address provided when we take your order details in addition to other requisite details for the purposes of the transaction. It is your responsibility to ensure someone is available at this address to take delivery of the products you have ordered. Delivery of products which are not small enough to post through your letterbox must be signed for. It is your responsibility to ensure you retain the receipt enclosed with the products. If we cannot deliver to your address for whatever reason, we reserve the right at our sole discretion to make an additional charge of 15% of the invoice amount for re-delivery or storage as appropriate.
3.4 Risk of loss and damage to the products passes to you on the date that the goods are despatched unless you have opted for the additional insurance charge in which case you must make your claim under the relevant policy. Notwithstanding risk in the goods passed to you in accordance with these terms the goods shall remain our sole and absolute property and title to and legal and equitable ownership of the goods shall not pass to you until payment is received by us of all monies due from you. You acknowledge that until such payment is made in full you are in possession of the goods solely as a fiduciary for us.
3.5 We licence you to use or agree to sell the goods provided that the entire proceeds or any sale of such goods are held in trust for us and are not mixed with other monies or paid into an overdrawn bank account and shall at all times be identifiable as our money.
3.6 Until title to the goods passes to you, the goods shall be kept separate and distinct from all other property and in good condition and stored in such a way as to be clearly identifiable as belonging to us and you will not cause or permit or suffer any labels, badges, serial numbers or other means of identification of the goods to be removed or obscured.
3.7 We may for the purpose of recovering goods enter upon any premises where they are stored or where they are reasonably thought to be stored and may repossess the same.
3.8 We are entitled to a general lien on all your goods in our possession, (including goods which you have been paid for) for the unpaid price of all goods sold to you by us.
4 WARRANTY
4.1 Products ordered by you are supplied with the benefit of the relevant manufacturers’ warranty. It is your responsibility to maintain and manage the warranty for the products.
4.2 We will use our reasonable endeavours to verify the accuracy of any material or information on or available via this website but we make no representation or warranty of any kind (express, implied or otherwise) as to the accuracy or completeness of any such material or information and we accept no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on this website.
5 OUR LIABILITY TO YOU
Nothing in these terms and conditions shall exclude or limit our liability:
(a) for death or personal injury resulting from our negligence;
(b) for fraudulent misrepresentation; or
(c) to the extent that liability cannot be excluded or limited by law.
5.1 Subject always to Clause 5.1 above:
(a) while we will endeavour to prevent viruses or bugs infecting this Website, we will not be liable to you for any loss or damage suffered as a result of any virus or bug you incur as a result of accessing or using this Website. It is your responsibility to use virus checking software and we will not be liable to you for any loss of content or material or howsoever as a result of uploading to our downloading from this Website; and
(b) our total liability to you in contract, tort (including negligence), misrepresentation or otherwise arising out of or in connection with this contract shall be limited to the price you have paid for the product you have ordered less any charges for insurance, packaging, delivery, postage; and
(c) we will not be liable to you, in contract, tort (including without limitation, negligence) or otherwise howsoever in connection with this Website or products or services offered via this Website by us or on our behalf for:
(i) loss or revenue, profit, contract, business or anticipated savings or loss of data; or
(ii) any loss of goodwill or reputation; or
(iii) any special or indirect or consequential losses.
6 CANCELLATION AND RETURNS
6.1 You can cancel your purchase at any time either before or up to 7 working days (Monday to Friday inclusive) after the day of receipt of your product without penalty and without the need to give us any reason. However, the following points must be observed:
· The products must be returned and received by us in an unused condition with its original, undamaged packaging with product receipt;
· Products are to be returned to us at your expense unless the product is faulty when you receive it.
6.2 Your right to cancel will not apply if the products are made or tailored to your specification or personalised at your request.
6.3 On receipt of your notification of cancellation, the price of the products will be credited to your payment card within 30 days beginning with the day on which notice of cancellation is given. If you fail to return the products to us within 30 days of your notice of cancellation, you will be deemed to have accepted the products and a new contract to purchase the products will be formed and your payment card will be debited for the price of the products. We are not responsible for non-delivery of returned goods and it is recommended that you obtain proof of posting and/or delivery insurance as appropriate.
6.4 We may cancel any contract at any time before the goods are delivered by giving notice in whatever form to you and we shall not be liable for any loss or damage whatever arising from such cancellation.
Your statutory rights are not affected by this cancellation and returns policy.
7 SEVERANCE
7.1 If any part of these terms and conditions are held to be unenforceable or invalid by a court of competent jurisdiction, that part will be severed from these terms and conditions and the remainder shall continue in full force and effect.
8 FORCE MAJEURE
8.1 Neither of us shall be responsibility for any event which is outside our reasonable control nor for any consequential loss arising from such an event.
9 ENTIRE AGREEMENT
9.1 This agreement supersedes any prior agreements or arrangements which may have subsisted between us, provided the information you have given to us is not incorrect or fraudulent.
10 WAIVER
10.1 No delay, indulgence or omission in exercising any right, power or remedy provided by these terms and conditions or by law shall operate to impair or be construed as a waiver of such right, power or remedy or of any other right, power or remedy.
11 LAW
11.1 Use of this Website and the sale of products via this Website is subject to the laws of England and Wales and the exclusive jurisdiction of the English Courts.
CONDITIONS OF USE OF THIS WEBSITE
1 OUR OBLIGATIONS
1.1 We will provide you with access to this Website in accordance with these terms and conditions.
1.2 We reserve the right to:
(a) modify or withdraw, temporarily or permanently, this Website (in whole or in part) with or without notice to you; and/or
(b) change these terms and conditions of use or the terms and conditions of sale of from time to time. Your continued use of this Website following such change will be deemed to be your acceptance of such change. It is your responsibility to check regularly for updates and amendments. If you do not agree to any change then you must immediately stop using this Website.
1.3 We will use our reasonable endeavours to maintain this Website. However, we cannot promise that access to this Website will be uninterrupted or error free. Use of this Website is on an “as is” and “as available” basis and is entirely at your own risk. Except where it is not possible to exclude or restrict liability by law, we will not be liable whatsoever for any damages or losses whether direct or indirect that you may suffer as a result of service or systems failure, including server failure, access delays or interruptions, data non-delivery or mis-delivery, any acts of God, delays in provision of services, breaches of security or unauthorised access arising from “hacking” or otherwise.
1.4 Except as may be otherwise provided under these terms and conditions, and except where you are a person dealing as a consumer within the meaning of the Unfair Contract Terms Act 1977 (ie. you are dealing as a private individual and not as or on behalf of a business), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
1.5 Where you are using this Website as a consumer (ie. private individual and not as or on behalf of a business), your statutory rights are not affected by these terms and conditions.
1.6 You and we expressly agree to exclude any rights of third parties who may otherwise be entitled to enforce these terms and conditions as if they were a party to this agreement or otherwise able to rely on the provisions of the Contracts (Rights of Third Parties) Act 1999 as enacted or modified from time to time.
2 YOUR OBLIGATIONS
2.1 You:
(a) agree not to use this Website (or any part of this Website) for any illegal purpose and agree to use it in accordance with all relevant laws;
(b) agree not to upload or transmit through this Website any computer viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
(c) agree not to use any service offered through this Website in any manner that could damage, disable, overburden or impair our server or the network(s) connected to any of our servers or interfere with any other party’s use and enjoyment of this Website;
(d) will not upload or transmit through this Website any material which is defamatory, offensive, discriminatory or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
(e) will not obtain or attempt to obtain any materials or information through any means not intentionally made available through this Website;
(f) will not use this Website in any manner which violates or infringes the rights of any person, firm or company, including but not limited to rights of intellectual property, rights of confidentiality or rights of privacy; and
(g) will not create or publish a hypertext link to any part of this Website or attempt any unauthorised access to any part of this Website.
2.2 You agree to be fully responsible for all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, suffered by Us and arising out of any failure by you (or any other person accessing this Website using your computer or internet access account) to comply with your obligations as set out under Clause 2.1
3 THIRD PARTY WEBSITES
3.1 We may provide links to other websites including websites which may sell products or services. We take care in selecting who we provide links to, however, you understand and agree that we are not responsible for the operation or content of such websites including, without limitation, any advertising, products or services on or available from such websites, nor for any loss caused by the use of or reliance on any such advertising, products or services available from such external websites. Links to our Website are not permitted without our prior written consent.
4 INTELLECTUAL PROPERTY RIGHTS
4.1 You understand and agree that all copyright, trade marks and all other intellectual property rights in all material or content (including all text, graphics and images) supplied or contained as part of this Website shall remain at all times vested in us or our licensors.
4.2 You understand and agree that the material and content contained as part of this Website is made available for your personal non-commercial use only and that you may download such material and content onto your computer hard drive for such purpose. Any other use of the material and content of this Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
5 YOUR PERSONAL INFORMATION
5.1 Please click here to view our Privacy Statement which forms part of these terms and conditions.
6 SECURITY
6.1 We take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any date you disclose to us via this Website. You accept the inherent security risks of providing information and dealing on-line over the internet and will not hold us responsible for any breach of security unless this is due to our negligence or wilful default.
6.2 For further information about the steps we take to keep this Website secure, please see our security policy.
7 ENQUIRIES
7.1 For all enquiries, comments, feedback or further information please contact us.
© Home Cinema UK Limited 2008. You may print or download to a local hard disk extracts of this Website for your personal use only. Subject to the foregoing, no part of this Website may be reproduced or transmitted in any form or by any means, or stored in a retrieval system of any nature, without the prior written permission of Home Cinema UK Limited, except for fair dealing under the Copyright, Designs and Patents Act 1988. All rights reserved.
