STANDARD TERMS AND CONDITIONS OF SALE - THE AGREEMENT
IMPORTANT: Please read the wording of this Agreement carefully as it contains the terms and conditions (the Conditions) upon which Henson Audio Lea Hurst Lea Shaw Matlock DE4 5AT (Us/We/Our) contracts with you (You/Your/Yourself) for the sale of the Goods. In this Agreement, Goods means the goods described for sale on Our website which We supply to You in accordance with the Conditions. All orders are accepted by Us subject to the following Conditions:
1.1 You shall make an order via our website.
1.2 All orders which are accepted by Us shall be subject to these Conditions.
1.3 If an item is out of stock you will be advised within 48 working hours of us receiving your order. You will be offered an alternative product if one is available or you may cancel your order.
2.1 Payment is due at the time of submitting the order.
3 Ownership of the Goods
3.1 Ownership of the Goods delivered or to be delivered by Us will only be transferred to You when We have received cash or cleared funds in full payment of all sums owing to Us in respect of the Goods.
3.2 Until payment is made as aforesaid You must store the Goods in such a way that they are clearly Our property.
3.3 Until ownership has passed to You We retain full legal and beneficial title to the Goods and reserve the right at any time to require You to deliver up the Goods to Us and, if You fail to do so forthwith upon Our request, to enter upon any of Your premises or of any third party where the Goods are stored and repossess the Goods.
4.1 We shall despatch Goods by first class recorded post to UK based customers (see 4.4 below in relation to export costs). Goods are normally dispatched within 1-2 days of receipt of order.
4.2 Time for delivery shall not be of the essence of this Agreement. We shall use reasonable endeavours to deliver by the date specified but We shall be under no liability whatsoever for delay in delivery or the consequence thereof however caused and You hereby waive irrevocably all Your rights and remedies (if any) in respect of any loss or damage suffered or incurred directly or indirectly as a result of any late delivery of the Goods.
4.3 Export Orders - Freight and insurance is charged extra at cost. Please contact us for a quotation. If the Goods are subject to import duties and/or taxes for overseas orders, these costs will be solely borne by You.
5.1 If You are a private consumer (as opposed to business user) You may cancel, under the Distance Selling Regulations any order made by You via Our website, mail order, e-mail at any time within 10 days of receipt by You of the Goods and return them with in 14 days. You must notify Us either by email a the following address email@example.com, or by our contact page on our website. We do not accept unsolicited returns. You must return the products in the same condition that they were in when they were dispatched to You, failure to do this will result in either a) incurring extra charges of a minimum of £7.00 (maximum 10% of the purchase price) to bring the returned item back to the same condition (for example where pre-installed digital files have been removed or others added to an MP4 player at time of return) or b) rejection of Your return. You will also be responsible for the return postage costs.
5.2 Subject to the provisions of clause
5.1 above, other than Goods returned under Guarantee in accordance with clause 7 or for shortages or damages reasons, returns will require Our Agreement and in any event will only be accepted in original packaging. Goods must be returned within 7 days of the date of delivery.
5.3 If there are shortages or damages to the Goods occurring in transit, You must notify us within 48 hours from the time of delivery, giving full details of any such shortages or damages and You must return the Goods to Us together with all packaging. Within that time all parcels delivered to You in a damaged condition should be returned to Us forthwith.
5.4 In all cases where the Goods are returned You must quote the order number.
5.5 Where We accept that there has been a shortage in Goods dispatched or the Goods have been damaged in transit, We shall replace such Goods at the previously invoiced price.
5.6 Order Cancellation ?Cancellation of an order can only be accepted after prior negotiation and agreement. On no account can cancellation be accepted for items ordered specially by Us on Your behalf.
5.7 Registered address: Henson Audio Lea Hurst Lea Shaw Matlock DE45AT ?email: firstname.lastname@example.org
6 Copyrights and Patents
6.1 Goods and material contained in Our website and Our catalogue may be the subject of patents, copyright, design, trade mark or other intellectual property rights and all such rights are reserved by Us or to the third parties they relate to. We make no representation or warranty as to whether Your use of or dealing with the Goods (or any part or component thereof) either will or will not infringe such rights. Without limiting the generality of this statement, We do not grant nor purport to grant to You any licence, permission or authority in respect of such rights and You acknowledge and agree to satisfy Yourself in respect of such matters. We accept no liability for infringement of any such rights.
6.2 Reproduction in part or whole of Our Website without Our prior written consent is strictly prohibited.
7.1 Unless otherwise specified and subject to clauses 7.2 and 7.3, the Goods are guaranteed free from defect caused by faulty materials or workmanship for a period of twelve months from the date of dispatch by Us (the Guarantee).
7.2 The Guarantee in clause 7.1 is given provided that:?(a) We are promptly notified in writing upon discovery by You that the Goods are defective due to faulty materials or workmanship;?(b) the Goods in question to which the claim refers are returned to Us within 12 months from the date of dispatch by Us (the Guarantee Period) suitably packed, carriage prepaid and accompanied with proof of purchase (purchase invoice) and details of the nature of the defect; and?(c) examination by Us of the Goods in question confirms that the alleged defect has not been caused by misuse, neglect, method of storage, faulty installation, handling, testing or repair, by alteration or accident or by any other cause listed in clause 7.3(b)(i) to (iv) below.
7.3 We are not liable under this Guarantee:
(a) if the total price for the Goods has not been paid by the Due Date; or
(b) for any defect arising from:
(i) fair wear and tear, willful damage, negligence, misuse, repair of the Goods without Our approval;
(ii) any use of or dealing with the Goods in a manner which could not reasonably be expected having regard to their normal purpose;
(iii) any use of or dealing with the Goods in conjunction with any other item where such item causes or gives rise to the alleged defect; or
(iv) any use of the Goods which is not in accordance with the manufacturer's operating or user instructions or from any failure to service or maintain the Goods in accordance with the manufacturer's instructions.
7.4 The Guarantee shall not be affected by and no obligation or liability shall result from providing technical advice or service in connection with Your order for the Goods.
7.5 Software programs are supplied by Us on Your strict understanding that the licensor/supplier of the software does not guarantee the contents of the software to be free from errors, viruses or omissions.
7.6 Our liability under the Guarantee shall be limited to replacing, repairing or issuing credits at Our option for any Goods returned within the Guarantee Period.
8 Limitation of liability
8.1 Subject to clauses 8.3 and 8.4 below and as otherwise expressly provided in this Agreement, all warranties, conditions or other terms whether express or implied by statute or common law or otherwise are excluded or limited to the fullest extent permitted by law. In particular We make no representation or warranty that the Goods are either of satisfactory or merchantable quality or fit for any purpose or that they conform to any description. You acknowledge and agree that You have relied upon Your own skill and judgment in selecting the Goods.
8.2 Subject to clauses 8.3 and 8.4 and to the Guarantee given in accordance with clause 8 and to the full extent permitted by law We exclude all liability for any loss, damage or expense howsoever suffered or incurred by You as the direct, indirect or consequential result of the Goods either not being of satisfactory or merchantable quality, or fit for any purpose, or conforming to any description and You hereby irrevocably waive all rights and/or remedies (if any) which You may have or have had in respect of such loss, damage or expense and/or in respect of any breach or default of any warranty implied by statute, equity or common law concerning the quality, fitness or description of the Goods.
8.3 Clauses 8.1 and 8.2 do not apply where You deal as a Consumer and to the extent that such exclusions or limitations are not permitted by law.
8.4 Nothing in these Conditions shall limit Our full liability in respect of death or personal injury caused by Our own negligence.
8.5 We shall not be liable for incidental or consequential damages for any breach hereof, including but not limited to costs of removal and re-installation of Goods, loss of goodwill, loss of profits or loss of use.
9 Commercial Tolerances
9.1 Dimensions and other physical characteristics of the Goods are subject to normal commercial tolerances. Unless otherwise stated, electrical ratings represent safe working limits.
10.1 We reserve the right to discontinue any product, or make design changes to product specifications, or use different suppliers or manufacturers to those stated in Our website, without prior notice, as part of Our continuous process of product and service improvement, or to improve product availability. The information contained in Our website is correct to the best of Our knowledge at time of going to press. All images are used for illustration purposes only.
10.2 On receipt, all products are inspected.
10.3 If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or part the validity of the other provisions of this Agreement and the remainder of the provision in question shall not be affected.
10.4 We shall not be liable to You for any delay or failure to perform any of Our obligations hereunder which is due to causes or circumstances beyond Our reasonable control, including (without limitation) acts of civil or military authority, national emergencies, fire or flood, acts of God, war or riots, actions or omissions of third parties.
10.5 This Agreement including the order is the complete and exclusive statement of the contractual relationship between the parties, which supersedes all prior proposals, understandings, agreements, or representations between the parties relating to this Agreement except in respect of any fraudulent misrepresentation made by either party.
10.6 We reserve the right to randomly monitor and record inbound and outbound calls.
10.7 No delay, neglect or forbearance on Our part in enforcing its rights against You shall be construed as a waiver or in any way prejudice any of its rights hereunder.
10.8 Where appropriate, health and safety data is supplied with all products. Further information is available upon request.
10.9 This Agreement shall be governed by and construed in accordance with the laws of England and Wales whose courts shall have non-exclusive jurisdiction in connection with any dispute arising out of or in connection with it.