AUDIO ELECTRICAL LTD - TERMS & CONDITIONS
ALL OUR ITEMS ARE SOLD SUBJECT TO THE TERMS & CONDITIONS BELOW
ALL OUR ITEMS CARRY A 90 DAY RETURN TO BASE WARRANTY UNLESS OTHERWISE STATED IN THE LISTING
This page (together with the documents referred to on it) tells you the only terms and conditions on which we supply any of the products (Products) listed in our shop at www.ebay.co.uk/Audio-Eletrical-Ltd (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by clicking on “Confirm” to buy any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1. INFORMATION ABOUT US
www.ebay.co.uk/Audio-Eletrical-Ltd is an eBay shop operated by Audio Electrical Limited (we or us). We are registered in England and Wales under company number 06446968 and our registered office is at Unit D20 Hartley Business Centre, Hucknall Road, Sherwood, Nottingham NG5 1FD. Our VAT registration number is 928096887.
2. INFORMATION ABOUT OUR PRODUCTS
Products listed on our site can only be ordered from us through eBay using either the “Buy it Now” facility (Buy it Now) or through an auction style listing (Auction).
The individual listing for each Product on our site will describe the condition of the Product and will indicate whether it is new, used or ex-display.
New means that a Product is boxed, unused and is supplied with instructions and all accessories.
Used means that a Product is fully working unless otherwise stated, but has previously been used and only comes with the items listed in the individual listing.
Ex-display means that a Product may have previously been on display, may carry minor cosmetic damage, may have damaged packaging, may be missing packaging or may be missing instructions. however this will always be stated in the listing. If the original instructions are not supplied we will supply a PDF copy via email whenever possible.
3. YOUR STATUS
By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old; and
You are an individual and you are placing an order which is not in connection with your trade, business or profession
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 No contract exists between you and us for the sale of any goods until either (a) you click on “commit to buy” to confirm your purchase using Buy it Now or (b) you click on “confirm” to place a bid on an Auction and your bid is the highest bid received by us when the auction for that particular Product ends (Winning Bid).
4.2 After clicking “commit to buy” on a Buy it Now listing or placing a Winning Bid you will receive confirmation from us by e-mail to your registered eBay e-mail address and by eBay message to your eBay message box acknowledging that we have received your order (Confirmation).
4.3 Once you click on “commit to buy” on a Buy it Now listing or you place a Winning Bid there is a binding legal contract between you and us (Contract).
5. RIGHT TO CANCEL
5.1 For the purposes of these Terms and Conditions a working day is any day other than a Saturday, Sunday or public holiday in England and Wales (Working Day).
5.2 You may cancel a Contract at any time within seven Working Days, beginning on the day after you received the Products. In this case, you will receive a full refund of the purchase price paid for the Products in accordance with clause 10, below.
5.3 To cancel a Contract, you must inform us in writing by e-mail, a message via eBay to our eBay messages inbox, post or fax, once you have contacted us we will email a returns form which must be completed by yourselfs and returned with the item You must include on the form your details including your eBay member ID and details of the eBay item number(s) of the Product(s) ordered and, if appropriate, delivery. You must also return the Product(s) to us immediately, in the same condition in which you received them and without having been used by you and with all original packaging, at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
5.4 You will not have any right to cancel a Contract for the supply of any of the following Products:
5.4.1 Software unsealed by you; and
5.4.2 Internal computer components if they have been inserted into a computer
5.5 This clause 5 does not affect your statutory rights.
6 DELIVERY AND AVAILABILITY
6.1 Provided that cleared payment is received by 9.30pm on a Working Day we aim to dispatch your order by the end of the next Working Day. However, if this is not possible, your order will be dispatched as soon as reasonably practicable thereafter and in any event within 30 days of the date of the Confirmation, unless there are exceptional circumstances.
6.2 The Products will be delivered to the address that you provide at the time of placing your order. You acknowledge that we will rely upon the accuracy of address supplied by you.
6.3 If it is not possible for the Products to be delivered to the address that you have provided you will be responsible for all costs incurred with resending them to that address or sending them to an alternative address provided by you.
6.4 The Products are subject to availability. If on receipt of your order the Products you have ordered are not in stock or we cannot deliver the Products within 30 days of the Confirmation being sent to you, we will inform you as soon as possible and refund you or re-credit you for any sum that has been paid by you or debited from your credit card for the Products within 30 days of your order. Any refund or credit under this clause 6.4 will be made using the same method that was originally used by you to pay for the Products.
6.5 You are responsible for inspecting the condition of the packaging of the Products upon delivery. If the packaging appears damaged or tampered with you should not sign for the Product and should notify us of the damaged or tampered with packaging within 3 days of the date of delivery.
7.1 The quantity of any consignment of Products as recorded by us on dispatch from our place of business shall be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary.
7.2 We shall not be liable for any non-delivery of Products (even if caused by our negligence or that of our agents or sub-contractors) unless you give us written notice of the non-delivery within 14 days of the date the order was placed.
7.3 Our liability for non-delivery of the Products shall be limited to replacing the Products within a reasonable time or issuing a refund for the purchase price of the Products and the price of postage for the Products.
8 RISK AND TITLE
8.1 The Products will be at your risk from the time of delivery.
8.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
8.3 If you cancel a Contract under clause 5 and you have already received the Products, you have an obligation to return the Products at your risk as set out in clause 5.3.
9 PRICE AND PAYMENT
9.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
9.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due unless free postage is offered in the listing.
9.3 Our site lists a large number of Products and it is always possible that, despite our best efforts, a Product listed on our site may be incorrectly priced when you place your order. If a Product is found to be incorrectly priced, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you choose to cancel your order we will refund or credit you for any sum that has been paid by you or debited from your credit card for the Products. Any refund or credit under this clause 9.3 will be, wherever possible, made using the same method that was originally used by you to pay for the Products.
9.4 We are under no obligation to provide the Product to you at an incorrect (lower) price, even after we have sent you a Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
9.5 If the Product you have ordered is unavailable we will contact you by e-mail to enquire whether you will accept a Product of an equal or higher specification than the Product ordered at the same price as the Product ordered (Substitute Product). If you notify us that you are not prepared to accept the Substitute Product offered we will refund you the purchase price of the Product you originally ordered together with a refund of any delivery charges that you have paid in respect of that Product. We will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice that you do not accept the Substitute Product.
9.6 Payment for the Products and delivery charges can be made by any method shown on our site at the time you place your order.
10 OUR REFUNDS POLICY
10.1 When you return a Product to us:
10.1.1 because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 4), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation, and in this case, we will refund the purchase price of the Product in full but you will be responsible for the cost of returning the item to us;
10.1.2 if you have notified us in accordance with paragraph 21.2 that you do not agree to any change in these terms and conditions or you claim that the Product is defective, you will return the Product to us and we will examine the returned Product and notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail or via a message to your eBay messages inbox that you were entitled to a refund.
10.2 Products returned by you under clause 10.1.2 will, subject to examination by us, be refunded in full, including a refund of the delivery charges for sending the Product to you if the item proves to be faulty. Please note postage costs incurred in returning the item to us are non refundable.
10.3 We will, where possible, refund any money received from you using the same method originally used by you to pay for your purchase.
11 OUR LIABILITY
11.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind and in the condition described on our site are commonly supplied and free from defects not described in the listing for that Product for 90 days from the date of dispatch. If any Products do not conform to this warranty we will at our option:
11.1.1 replace any Products found not to conform to the warranty; or
11.1.2 take such steps as we deem necessary rectify such defects; or
11.1.3 take back the Products found not to conform to the warranty and refund the purchase price paid in accordance with clause 10.
11.1.4 our liability for losses suffered by you will in no event exceed the purchase price of the Product; and
11.1.5 the performance of any of the above options shall constitute an entire discharge of the our liability under this clause 11;
11.2 The warranty in clause 11.1 is conditional upon:
11.2.1 you inspecting the Products upon delivery
11.2.2 you inform us in writing by fax, e-mail or post, giving details of the Product(s) and the alleged defect.
11.2.3 if the defect is as a result of damage during transit to you, you giving us written notice by fax, e-mail or post within 3 days of delivery
11.2.4 You affording us a reasonable opportunity to inspect the Product and, if we request, returning the allegedly defective Product to the our place of business for inspection and testing.
11.3 We shall not be liable for a breach of the warranty in this clause 11 if:
11.3.1 you continue to use the Product after giving notice of the defect to us; or
11.3.2 the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Product or (if there are no such instructions) normal practice; or
11.3.3 you alter or repair the Product or attempt to do so without our written consent; or
11.3.4 damage to the Product has been caused by you or any third party.
11.4 So far as we have the power to do so, we will pass on the benefit of manufacturers’ warranties, but these may be subject to restrictions imposed by the manufacturers.
11.5 This clause 11 does not include or limit in any way our liability:
11.5.1 For death or personal injury caused by our negligence;
11.5.2 Under section 2(3) of the Consumer Protection Act 1987;
11.5.3 For fraud or fraudulent misrepresentation; or
11.5.4 For any matter for which it would be illegal for us to exclude, or
attempt to exclude, our liability.
11.6 We shall not be liable to you for loss of profit, loss of revenue, loss of actual or anticipated savings, loss of business, or depletion of goodwill in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with any Contract.
12 SOFTWARE LICENCE
12.1 Where software is supplied or incorporated as part of the Products ordered, it is not owned by us but by a third party and will be subject to that third party’s software licence. You may need to sign the licence and/or registration card supplied with the Product and return it to the third party to have the right to use the software. A third party’s software may have a shrink wrap licence. This means that by opening the packaging of the software you will be deemed to have read and agreed with the third party’s licence. You will therefore be bound only if you open it. If you do not wish to be bound, you must return to us the entire product, including the unopened software within the cancellation period set out in clause 5.
13 IMPORT DUTY
13.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
13.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
14 WRITTEN COMMUNICATIONS
14.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or by a message to your eBay message inbox 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.
15.1 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 clause 13.
15.2 You may give notice to us in writing by letter or e-mail. Our address for service of notices is:
Audio Electrical Limited
Hartley Business Centre
15.3 Any notice shall be deemed to be received:
15.3.1 if delivered personally, at the time of delivery;
15.3.2 in the case of e-mail, at the time of sending;
15.3.3 in the case of first-class, recorded delivery or registered post, two Working Days from the date of posting;
15.3.4 in the case of registered airmail, five Working Days from the date of posting; and
15.3.5 if deemed receipt under this clause 14 is not within business hours (meaning 9.00 am to 4.00 pm Monday to Friday on a day that is a Working Day in the place of receipt), when the business next starts in the place of receipt.
15.4 To prove service, it is sufficient to prove that the notice was, in the case of e-mail, sent to the specified e-mail address of the relevant party, or in the case of eBay message that the notice was sent to the eBay message inbox of the relevant party or, in the case of personal delivery or post, that the envelope containing the notice was properly addressed and delivered to that address.
15.5 The provisions of this clause shall not apply in relation to the service of any process in any legal proceedings.
16 TRANSFER OF RIGHTS AND OBLIGATIONS
16.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
16.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
16.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
17 EVENTS OUTSIDE OUR CONTROL
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
17.2.1 Strikes, lock-outs or other industrial action.
17.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
17.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
17.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
17.2.5 Impossibility of the use of public or private telecommunications networks.
17.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
17.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
174 If the Force Majeure Event continues for a continuous period of more than 30 days, you shall be entitled to give notice in writing to us, in accordance with clause 14, to terminate the Contract.
18.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
18.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
18.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15
19.1 If any of these Terms and Conditions or any provisions of a Contract are found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of these Terms and Conditions or Contract and the remainder of such provision shall continue in full force and effect.
20 ENTIRE AGREEMENT
20.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
20.2 We and you each acknowledge that, in entering into a Contract, neither has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and us prior to such Contract except as expressly stated in these terms and conditions.
20.3 Neither you nor us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
21 OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
21.1 We have the right to revise and amend these terms and conditions from time to time.
21.2 You will be subject to the terms and conditions in force at the time that you order Products from us, unless any change to these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to these terms and conditions before we send you the Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven Working Days of receipt by you of the Products).
22 LAW AND JURISDICTION
22.1 Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
23 DATA PROTECTION
23.1 We will take all reasonable steps to keep the details of your order and payment secure. We will not be liable for unauthorised access to the information supplied by you unless such unauthorised access is due to our negligence.
23.2 We do not retain details of your order or payment on a database. However, eBay may retain details of your order or payment. Depending on the method of payment you choose, the payment company may retain details of your payment. Retention of your data by third party companies will be subject to the data protection policies of those companies and applicable data protection legislation.
© Audio Electrical Limited 2009