ELECTROMARKET TERMS AND CONDITIONS
Version: 2019-09-02
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE
FORMAT OF THE CONTRACT
The terms, “Destiny Entertainments”, “Destiny Entertainments Ltd”, “ElectroMarket”, “electromarket.co.uk”, “supplier”, “seller”, “retailer”, “us”, “we” or “our” and plurals of, refers to the registered business, Destiny Entertainments Ltd. The terms; “receiver”, “purchaser”, “customer”, “you”, “your” or “user” and plurals of, refers to the person who places an order, receives a delivery, uses our website or services or contacts us in the manner of purchasing goods.
This website is owned and maintained by Destiny Entertainments Ltd. You can contact us via phone, 0203 326 0900, or email, info@electromarket.co.uk
Our registered company address is: 39 Etchingham Park Road, London, N3 2DU. PLEASE NOTE: No customer correspondence or returns will be accepted at this address. For such correspondence & returns, our head office address is:
Unit C7, J31 Park, Motherwell Way, West Thurrock, RM20 3XD.
Our registered company number is: 6391244
Our VAT number is: GB 848 3373 00
Our EORI no. is: GB848337300000
These terms of sale apply to all goods supplied by ElectroMarket the trading name of Destiny Entertainments Ltd.
No contract exists between you and us for the sale of any goods until we have received and accepted your order.
We may change these terms of sale without notice to you in relation to future sales (please check the website for an up-to-date version of our terms and conditions).
These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract.
These terms and conditions do not affect your statutory rights.
DESCRIPTION AND PRICE OF THE GOODS
The description and price of the goods you order will be as shown on our website at the time you place your order.
The goods are subject to availability. If upon receipt of your order the goods you have ordered are not available in stock we will not accept your order. If after acceptance we discover within 14 days of our acceptance of your order that the goods are unavailable we may terminate the contract and refund or re-credit you for any sum that has been paid by you or return money to your credit card for the goods.
Every effort is made to ensure that prices shown on our website are accurate at the time you place your order. If an error is found within 14 days of accepting your order, we will inform you as soon as possible and offer you the option of re-confirming your order at the correct price, or cancelling your order. If we do not receive an order confirmation from you within 14 days of informing you of the error, the order will be cancelled automatically. If you cancel the order, or if the order is cancelled automatically due to the expiry of the 14 day period, we will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
In addition to the price, you may be required to pay an additional delivery charge for the goods. For example, if the order is abnormally large and we have to use a specialist courier.
In the unlikely event that the goods are no longer available, the payment has not been received from the customer, or we have made a pricing mistake, we will advise you of this. If the goods are not available, we may supply you with substitute goods. They may be of similar or additional features and/or functions than you ordered.
PAYMENT
Payment for the goods and delivery charges can be made by any method available on our website at the time you place your order. Payment shall be due before the order is shipped and payment shall be a fundamental term of this agreement, breach of which shall entitle us to terminate the contract immediately.
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options and payment for these options is to be made to Klarna:
Pay later 30
Pay in 3
Slice It
Further information and Klarna’s user terms you can find here. General information on Klarna you can find here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna's privacy statement.
The order will not be shipped until cleared funds are received.
Payments shall be made by you without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by us to you.
DELIVERY
The goods you order will be delivered to the address you give when you place your order.
The goods must be delivered to the registered payment address unless authorisation is given by us at the point of checkout. You cannot collect from our retail store if you pay online.
Orders placed before 20:00 on a working day will normally be processed that day and will be delivered as per the requested delivery option provided no additional security checks are required and all stock items are available (a working day is Monday to Friday, excluding all bank or other public holidays).
If delivery cannot be made to your address for reasons under our control, we will inform you as soon as possible.
If you deliberately fail to take or refuse delivery of the goods (otherwise than by reason of circumstances under our control) then without prejudice to any other right or remedy available to us, we may:
store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
If you fail to take delivery because you have cancelled your contract, we shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. On exercising your right to cancel you shall be required to return the goods to us. Should you fail to return the goods, we reserve the right to deduct and charge any direct costs incurred by us in retrieving the goods as a result of such failure.
Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, we will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, we will inform you as soon as possible.
All deliveries will be considered as received in good condition unless you specifically sign as “damaged”, “unchecked” or as such. Liability will not be accepted if delivery is not signed for under the correct received status.
Free Delivery on orders excludes:
Total weight of orders that exceed 50kg
Non-mainland UK addresses, including Highlands, Islands, Isle of Man/ROI/Channel Islands/Isle of Wight/Isle of Scilly or addresses with the following starting postcodes:
AB, IV, KW, PA, PH, BT, HS, KA, ZE, PO
You can call us to confirm the charges of delivery. It may be possible to place an order through our system with the above criteria but we will contact you to inform you of the additional cost of delivery.
RISK/TITLE
The goods are at your risk as of the receipt of goods on delivery or collection.
Ownership of the goods shall not pass to you until we have received in full (in cash or cleared funds) all sums due to it in respect of:
the goods, and
all other sums which are or which become due to us from you on any account.
We shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from us.
TITLE FOR BUSINESS CUSTOMERS
If you are a business customer, until ownership of the goods has passed to you, you must:
Store the goods (at no cost to us) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as our property;
Not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on our behalf for their full price against all risks to the reasonable satisfaction of us. On request you shall produce the policy of insurance to us; and
Hold the proceeds of the insurance in trust for us and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
If you are a business customer your right to possession of the goods shall terminate immediately if:
You have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of Section 123 of the Insolvency Act 1986 or you cease to trade; or
you encumber or in any way charge any of the goods.
YOUR RIGHT OF CANCELLATION
You have the right to cancel the contract at any time up to 14 days after you receive the goods (see below). Please note that this policy has some limitations and does not apply to business customers.
To exercise your right of cancellation, you must give written notice to us by hand or post (recorded delivery) or email, supplying your Transaction Order Number. Notification by phone is not sufficient.
Except in the case of faulty or misdescribed goods, if you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to us at your own cost. In the case of faulty or mis-described goods we shall, after receiving notification, either collect the goods from you or ask you to return the goods yourself and possibly refund you the reasonable postage costs.
Once you have notified us that you are cancelling the contract, we will refund or re-credit you within 30 days for any sum that has been paid by you.
Except in the case of faulty or misdescribed goods, if you do not return the goods as required, we may charge you a sum not exceeding the direct costs of recovering the goods.
You do not have the right to cancel the contract if the order is for computer software which has been unsealed, or for consumable goods which, by their nature, cannot be returned, or products that have been personalise specifically for the customer, save where a fault is discovered which could not have been discovered otherwise than by unsealing the goods.
We reserve the right to terminate the contract when cleared funds are not received. You will be notified of this if the payment has not been received.
We reserve the right to terminate the contract without reason.
WARRANTY
All goods supplied by us are warranted free from defects for 2 years from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer.
The warranty period for used items is 1 year unless otherwise stated.
This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party use otherwise than as recommended by us, failure to follow our instructions, or any alteration or repair carried out without our approval.
If the goods supplied to you are damaged on delivery, you should sign for the goods as damaged and notify us within 48 hours of delivery via the 'Contact Us' section of the website.
If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify us in writing via the 'Contact Us' section of the website, as soon as possible, but in any event before the end of your warranty period.
LIMITATION OF LIABILITY
Subject to the clause below, if you are a consumer we shall not be liable to you for any loss or damage in circumstances where:
there is no breach of a legal duty owed to you by us or by our employees or agents;
such loss or damage is not a reasonably foreseeable result of any such breach;
any increase in loss or damage resulting from breach by you of any term of this contract.
Clause: Nothing in these conditions excludes or limits the liability of us for death or personal injury caused by our negligence or fraudulent misrepresentation. If you are a business customer we shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
DATA PROTECTION
We will take all reasonable precautions to keep the details of your order and payment secure but unless we are negligent, we will not be liable for unauthorised access to information supplied by you.
Your credit card details are only entered once you have been passed on to a Secure Order Processing page. We do not collect any card details from you directly.
We collect only the basic personal details required to process your order. We will not trade, resell, sell, or redistribute information that you provide to us, to any other companies, organisations or individuals.
Your information provided to us during the ordering process is protected by 128-bit industry-standard Secure Sockets Layer (SSL) technology to provide encryption of personal information such as your name and address. This server encrypts information while it is being transmitted across the Internet so that unauthorised people cannot read it.
For more information on how we handle your data, please see our Privacy Policy.
IMAGES
Product images are for illustrative purposes only and may differ from the actual product. The item description should be correct.
All images that are used on https://electromarket.co.uk/ or any of our affiliated websites or selling platforms are owned by us and may not be used, in part or in full, except by express permission in writing by us.
RETURNS
You can contact us any time email: service@electromarket.co.uk or phone 0203 326 0900
Our customer services department is open between 09:00 and 17:00, Monday to Friday (excluding bank/public holidays)
When you sign for an item, you should check the item for damage; if damaged, you must sign for the item as 'damaged'. If you are not able to check the item to see if it is damaged, you must sign for it as 'unchecked'. If you do not do the above, then we will not be able to process your return if the item is damaged.
We do not accept returns without returns numbers. Any return sent to us without a returns number maybe; refused upon delivery, destroyed or disposed of, without compensation to the customer.
Returns numbers must be visible from the outside of the item.
If you do not want the item (within 60 days from receiving delivery):
You must return the item at your own expense
We advise you to return goods via a tracked delivery service
You must contact us for a returns number before returning the item
The returns number must be written on a piece of paper and stuck to the side of the box
The returns number (or another writing) must NOT be written on the box
The product must be in a new condition and resellable as new, including all packaging, manuals, components and anything else that was delivered
Do not want the item (after 60 days from receiving delivery):
We do not accept returns of items that you do not want after 60 days of receiving delivery.
If the item is found to be faulty (within 60 days of receiving delivery):
You must test the item within 60 days of receiving delivery
You must contact us for a returns number before returning the item
The returns number must be written on a piece of paper and stuck to the external side of the box
The returns number (or another writing) must NOT be written on the box or item
We will send a returns label/courier to you so that you can return the item to us
An item will be tested once it comes back to us
We will repair/replace any item that has a manufacturer fault
A refund is available (upon request) and will only be issued once the item is returned to us and been tested
If you choose to return the item from your own expense, compensation for this expense is not available. We would also advise that you use a tracked/courier service to return the goods.
Any item that has been misused will not be repaired, replaced or refunded and you must pay for the item to be returned back to you
Faulty Item (after 60 days, less than 2 year of receiving delivery):
You must return the goods at your own expense to us
We advise you to return goods via a tracked delivery service
You must contact us for a returns number before returning the item
The returns number must be written on a piece of paper and stuck to the external side of the box
The returns number (or another writing) must NOT be written on the box or item
An item will be tested once it comes back to us
The manufacturer will either repair or replace the item
Any item that has been misused will not be repaired or replaced and you must pay for the item to be returned back to you
We may choose to charge you a storage fee at a reasonable rate if the item has been misused.
If an item arrives at our building without a returns number, we will do everything we can to identify who returned the item. If it is not possible to identify, we will take a note of the details of the return and log these on our internal system. We will then store the items for up to 6 weeks from arriving at our warehouse. During this period, you will be charged storage at a rate of: ‘the value of the goods’ divided by 42, per day. If you do not contact us within 6 weeks, the value of the goods will be equivalent to the amount of storage cost that you have incurred and we will use the cost of the goods to pay your storage fee and therefore you owe us nothing, however, you also do not own the product any longer (as it has been used to recover the storage cost you have incurred). If you claim the goods before we recover the storage costs (i.e. within 6 weeks) we will waive the full storage costs and you will owe us nothing. Therefore it is imperative that you put the returns number with your return so we can identify it as yours.
PRODUCT REVIEWS
We reserve the right to moderate all product reviews. This includes, but is not limited to; the right to remove particular product reviews from our website, or amend reviews. This will usually be in the instance of someone using profane or untasteful language.
PROFESSIONAL PRODUCT REVIEWS
These reviews are by professionals in the industry. They could be from the; manufacturer, brand owner, distributor, or our own product specialists as all of these people have expert knowledge of the products and we want to pass that knowledge on to you. Professional Product Reviews will be published under clearly identifiable names. For the sole purpose of an example: "Danny, ElectroMarket Product Expert"
EXCEPTIONS
The following refers to any item or package that contains any form of amplifier and/or speaker:
If you would like to return speakers or amplifiers due to fault, damage or you do not want the item any longer (or any other circumstance), you must first get the item back to us. Once the item is back to us, they will be tested and diagnosed. If the speakers or amplifier are found to be 'blown' through misuse of the item, the item is not covered under warranty and you will not be entitled to a repair, replacement or refund. However, if the item is tested and found to be no fault/manufacturer fault, then the above process applies, and your cost of returning the item will be refunded if the item is faulty (up to a maximum of £20).
Contact Us
Our customer services department between 09:00 and 17:00, Monday to Friday (excluding bank/public holidays). Any emails or messages will be answered within 24 working hours, so please bear with us over the weekends.
