Terms & Conditions
Effective from 01.02.09
This document sets out the terms and conditions by which Distributed Sound & Video Ltd offers to supply products advertised for sale on our website www.distributedsoundandvideoltd.co.uk. By accessing information from this website you agree to be bound by the “Terms and Conditions of Use”, and by ordering any products, you agree to be bound by the “Terms & Conditions of Sale” as set out below. Please print off or store on your computer a copy of these Conditions for future reference.
PLEASE READ THE TERMS & CONDITIONS CAREFULLY
TERMS & CONDITIONS OF USE
The www.distributedsoundandvideoltd.co.uk website (our "Website") is operated by Distributed Sound & Video Ltd. Our registered office is situated at 46 Ashby Drive, Rushden, Northamptonshire, NN10 9HH. We are a company registered in England and Wales under company number 057 37512 and we are registered for VAT, our VAT number is GB 884 1177 06.
1.1 USE OF OUR WEBSITE
1.1 Please note: we may, without notice modify and/or discontinue operation of all or portions of this Website at any time. We will not be liable for any losses that you may suffer if this Website is unavailable at any time or for any period or your access to our Website is interrupted, restricted or delayed.
1.2 By using our Website you agree not to attempt to access our systems and you agree not to post on or transmit to or from it any material that is defamatory, obscene, discriminatory or in breach of confidence or privacy or a third party’s rights. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of or to locate anyone posting any material onto our Website in breach of this Condition.
2. WEBSITE CONTENT
2.1 All information made available from within this website is provided "as is" for information purposes only and without warranty of any kind either express or implied, including but not limited to any warranties as to non-infringement of rights merchantability or fitness for a particular purpose.
2.2 Information contained in this website may contain technical inaccuracies or typographical mistakes. Information may be changed or updated without notice and any queries relating to the information including queries as to its currency and accuracy should be addressed to the person or persons stipulated in the Specific Conditions on the appropriate pages relevant to the goods or services sought.
3. WEBSITE SECURITY
3.1 The User assumes full responsibility for the protection of their computer system including computer hardware software and stored data on their computer system including hardware software and stored data of third parties who may access or be otherwise connected to the Users computer system. The User will assume the responsibility of ensuring that programs or other data downloaded or otherwise received from this website are free from viruses, worms, Trojan horses or other items of a destructive nature.
3.2 Distributed Sound & Video Ltd will take reasonable steps to ensure that data transmitted electronically to Distributed Sound & Video Ltd via the site or otherwise and stored by Distributed Sound & Video Ltd is not accessed by unauthorised third parties in accordance with the requirements of the Data Protection Act 1998. The User accepts the risk that data transmitted electronically to Distributed Sound & Video Ltd via this website or otherwise may be intercepted before reaching Distributed Sound & Video Ltd or accessed from the Distributed Sound & Video Ltd data storage by unauthorised parties and may be exploited unlawfully by such third parties.
3.3 Distributed Sound & Video Ltd makes no representations as to the security quality or propriety of any website which may be accessed through this website and accepts no liability for the content or for any loss or damage caused or alleged to have been caused by the use of or reliance on information contained in such websites or goods or services purchased there from. Connected websites accessed through this website are independent websites over which Distributed Sound & Video Ltd does not exercise any control whether financial editorial or of any other kind and are not in any way endorsed by Distributed Sound & Video Ltd.
4. LINKS TO THIS WEBSITE
Links to this Website are welcome provided that they have been notified to and approved by Distributed Sound & Video Ltd in advance.
TERMS & CONDITIONS OF SALE
1. DEFINITIONS
1.1 "Buyer" means the individual or organisation that buys or agrees to buy the Goods from the Seller;
1.2 "Seller" means Distributed Sound & Video Ltd;
1.3 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.4 "Contract" means the contract between the Buyer and the Seller for the sale and purchase of Goods to which these Terms and Conditions relate;
1.5 "Goods" means the articles that the Buyer agrees to buy from the Seller as detailed on the confirmation of order;
1.6 “Price” means the price paid for the goods and services, including VAT, and as set out on the Confirmation of Order.
1.7 “Confirmation of Order” means the document supplied by the Seller to the Buyer setting out all the goods and services to be supplied and the price to be paid including VAT.
1.8 “Working Day” means any day Monday to Friday between the hours of 9.00am and 5.00pm and specifically excluding bank holidays.
1.9 “Delivered & Delivery” means the day on which the Buyer collects the goods or the day on which the goods are delivered to the Buyers address.
1.10 "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
2. CONDITIONS
2.1 Nothing in these Terms and Conditions shall affect the Buyers statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer. The Buyer is encouraged to read in full the Terms and Conditions and the Confirmation of order, which fully state the goods, and services the Buyer will receive and the total price of all goods and services.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyers acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3. RIGHTS OF SELLER
3.1 The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion.
3.2 The Seller reserves the right to withdraw any goods from the Website at any time.
3.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
4.1 AGE OF CONSENT
4.1 Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.
4.2 If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.
5. ORDERING
5.1 Any order placed by you for goods advertised on our website is an offer by you to purchase the goods selected in your order. No contract exists between you and us for the sale of any goods until we have received your order and accepted it (which we may reject at our discretion).
5.2 We will send you an order acknowledgement shortly after you place your order, notifying you that we have received your order. This acknowledgement is not notification that we have accepted your order.
5.3 All orders are subject to acceptance by the Seller who will send an email to confirm acceptance of the Buyers order. The Seller may choose not to accept an order for any reason.
5.4 In the unlikely event that goods are no longer available, or that we have made a pricing mistake, we will advise you of this and may offer you suitable alternatives. You will not receive an email confirming acceptance of your order, and there will be no contract between us.
5.5 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.
5.6 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the Frequently Asked Questions section within the website.
6. PRICE & PAYMENT
6.1 The Price of the Goods shall be that stipulated on the Sellers Website, except in cases of obvious error. The Price shall be payable in Sterling and inclusive of VAT.
6.2 The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyers shopping cart prior to confirming the order.
6.3 After the order is received the Seller shall confirm by email the details, description and price for the Goods.
6.4 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already accepted.
6.5 Our Website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Website may be incorrectly priced. If a Product's correct price is higher than the price stated on our Website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
6.6 Payment of the Price plus VAT and delivery charges must be made in full before dispatch of the Goods.
6.7 Payment is deemed to have been effected by the tendering of cash, the clearing of funds, the authorisation of a credit card payment, by the credit card provider or the notification to the Seller of acceptance of credit approval by a finance provider to the Buyer.
7. WARRANTY
The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyers purpose.
8. DELIVERY
8.1 Goods will be delivered to the Buyer only in consideration of any delivery charges paid, by the Buyer, and as set out on the Confirmation of order.
8.2 Goods supplied within the UK will normally be delivered within 5 days but please allow 28 working days of receipt of order.
8.3 Goods supplied outside the UK will normally be delivered within 10 days but please allow 28 working days of receipt of order.
8.4 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
8.5 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
8.6 Delivery of the Goods shall be made to the Buyers address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. The first order placed by the Buyer will only be shipped to the billing address given at time of order.
8.7 The Seller shall not be liable for further delivery and collection costs where the Buyer fails to take delivery at the given delivery address, and after reasonable notification to the Buyer that delivery is being attempted, by the Courier.
8.8 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
8.9 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by emailing: orders@dsavltd.co.uk within 3 working days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
8.10 Where a claim of defect or damage is made the Goods shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.
8.11 If a fault is found later on, or if you delay in making a complaint you will still be entitled to a repair or, if a repair cannot be done without causing you significant inconvenience, a replacement. If a replacement is not available, you may be able to claim a part or full refund of your money, plus compensation for any losses incurred.
9. CANCELLATION AND RETURN
9.1 This cancellation policy does not affect your rights when we are at fault - for example, if goods are faulty or misdescribed.
9.2 If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller by emailing: orders@dsavltd.co.uk before delivery or within 7 working days of receipt of the Goods. This is in line with the Distance Selling Regulations. You do not need to give any reason for cancellation. However, a brief explanation will help us to improve the service we offer to customers in the future.
9.3 Goods must be returned by the Buyer at the Buyers expense and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges within 30 days of cancellation. If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer.
9.4 Goods to be returned must clearly show the order number obtained from the Seller on the package.
9.5 Where returned Goods are found to be damaged due to the Buyers fault the Buyer will be liable for the cost of remedying such damage.
10. LIMITATION OF LIABILITY
10.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
10.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Sellers agents or employees.
10.3 We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
11. WAIVER
No waiver by the Seller (whether expressed or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
12. FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
13. SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, unlawful or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect permitted by law.
14. NOTICES & COMPLAINTS
14.1 All customer notices or complaints to Distributed Sound & Video Ltd should be sent to Distributed Sound & Video Ltd by:
E-mail: sales@dsavltd.co.uk
Post: Distributed Sound & Video Ltd
46 Ashby Drive
Rushden
Northamptonshire
NN10 9HH
14.2 We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in condition 8.
14.3 Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or two days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
15. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
16. CHANGES TO TERMS AND CONDITIONS
These terms were last changed on Saturday 18th October 2008.
These terms apply to your order. The Seller shall be entitled to alter these Terms and Conditions at any time, but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
17. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
