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1. IN THESE CONDITIONS:
“Buyer” means: the person whose order for the provision of Goods is received by the Seller
“Goods” means: the goods which the Seller is to provide in accordance with these Conditions
“Seller” means: Audionation-UK Ltd (and subsidiaries) of Unit 10 Ivy Farm Business Centre, Wolvershill Road, Weston-Super-Mare.
“Conditions” mean: the standard terms and conditions set out in this document and includes any special terms and conditions agreed in Writing between the Buyer and the Seller
“Contract” means: the contract for the provision of Goods by the Seller to the Buyer in accordance with these Conditions.
“Writing” includes: telex, cable, facsimile transmission, email and any comparable means of communication.
1.1 CONTRACT OF SALE.
Full payment of the goods must be processed and cleared before we accept and process the order. On receipt of payment you will receive an email to the address provided at the registration, this will confirm that the order has been received and payment accepted. On our acceptance of your order this will put into existence a legally binding contract between us.
2.PRICE AND ORDERING
2.1 All pricing for the goods is set out on the website and against each individual product and is exclusive of VAT and delivery
2.2 Orders under £100.00 ex vat are subject to flat rate delivery fee for UK shipping (The amount will be charged at the shopping cart), using an economy service only. This service is not a guaranteed next day service and the seller will not be held responsible for any late deliveries on this service. We reserve the right to use which ever chosen carrier and service, in most cases this will be TNT or DHL. A tracking number will be sent to the buyer recipient email address with a tracking number and name of courier. Orders over £100.00 ex vat are delivered free within the UK under the same terms and conditions as the flat rate delivery service as set out above.
2.3. We reserve the right, by giving notice to you within 7 days before the goods are delivered (on back orders this may be up to 30 days), to adjust the price and to take account of any increase/decrease in the cost to us of supplying you the goods which is due to:
2.3.1 any factor beyond our control, including but not limited to, Exchange rates, Changes to taxes/duties, Unexpected delivery costs, Technical upgrades that incur additional costs, Manufacturer upgrades and change to specification or any other factor that we deem reasonable to do so. The buyer will be informed within 7 days of the purchase (on back orders this may be up to 30 days) and be given the right to cancel or choose an alternative product.
2.3.2 any change to the order as requested by the buyer which may include but not limited to, change of quantity, delivery address or any other changes to the orders that are received prior to the goods despatch.
2.3.3 Failure to provide adequate information or instruction that may delay the delivery.
2.4 Buyers have the legal right to cancel the order upon notification of any price increase by the seller and a full refund will be processed to the exact value of the good and identical payment method (no cash alternatives), including any shipping charges that may have been incurred at the checkout.
2.5 The seller shall not seek to charge the difference in cost in the event of a price increase after the delivery the goods. No goods will be shipped by the seller without approval from the buyer and acceptance of the price increase.
Credit/Debit card BACS and Pro Forma. We use Sagepay Checkout (with paypal) to process our card payments. Sagepay Checkout is 100% secure and PCI compliant. All card transactions are encrypted using 128-bit SSL certificates. No cardholder information is ever passed unencrypted. Sagepay Checkout state you can be completely assured in the knowledge that no details can be examined, used or modified by any third parties attempting to gain access to sensitive information.
4.RIGHT OF CANCELLATION AND RETURN.
4.1.The buyer has the right under distant selling regulation to cancel the order and return the goods within 14 days from order. Failure to cancel the order and return the goods outside the automatic CCR regulation cooling off period will levy a 25% restocking fee excluding shipping. Shipping will not refunded after the time period has lapsed, and when so will be at the base cost only to deliver the goods and not at the cost of any buyer requested enhanced service. Any goods cancelled and requested for return after 14 days will not be accepted. The cost of shipping for the return of the goods on a cancelled order outside the 14 days is the responsibility of the buyer. The buyer will be responsible that the goods and all it original components (cables, power supplies, etc) are returned in the same condition as they were received. The returned goods will be inspected upon receipt by the seller and any signs of damage, long operation or wear and tear (other than initial handling and testing ) will incur a 25% restocking fee as the goods will be deemed used. The definition of acceptable handling will be judged as if the inspection of the goods was in a shop.
4.2. If the goods are returned damaged or missing any original components that deem the goods no longer fit for purpose,or the goods are clearly used beyond basic handling for assessment the buyer will be responsible to pay for the missing items or repair/replacement cost the goods + the standard 25% re-stocking fee. This may be to the full value of the goods depending on the severity of the damage. The buyer has the right to return damaged goods caused by misuse or over handling beyond basic inspection and will be responsible for the shipping cost to do so and in doing so accepts the terms of 4.2. The seller has the right to refuse a damaged return at any time. However in these circumstances the seller will make every effort to contact the buyer to resolve the matter and does not affect the buyers statutory rights. The seller takes no responsibility for goods damaged in transit that are returned by the buyer on a cancellation of order. The buyer is fully responsible for the goods until they are received back to the seller warehouse and accepted for return.
4.3. Goods sold on a B2B basis are not covered under Consumer Contracts Regulations and the automatic 14 day cooling of period , however your statutory rights are not affected in case of faulty items , DOA, damaged goods or incorrect items delivered. Cancelled orders and returned items on B2B terms of sale are subject to a 25% restocking fee of the total value of the order less shipping.
4.4. Returns Authorisation.
Cancelling of an order or return of faulty goods within a warranty will require a request from the buyer in writing for an RMA authorisation number obtainable from the seller, and this is to be clearly marked on the package or packing note of the goods for return. Any goods received back without prior authorisation or an RMA number will be subject to the 25% restocking fee (cancelled orders only) and under the terms and conditions as set out above.
5.BACK ORDERS AND CANCELLATION BY US
5.1. In the event of the goods being out of stock we will contact the buyer at the earliest convenience and inform of the expected delivery date. However we reserve the right to cancel an order and contract between buyer and seller if:
5.1.1 Insufficient stock is available to fulfil the order and the buyer does not accept an alternative delivery schedule.
5.1.2 The delivery area is in a destination/country that we do not cover.
5.1.3 The buyer does not hold the appropriate licence to receive the goods as an end user (tactical and military equipment).
188.8.131.52 We will not deliver or accept any orders for goods that are covered by ITAR (International Traffic In Arms Regulation) without the approved licence (normally via a DSP83 application) that must be held with the end user and stating any third parties involved in the transaction. We follow a strict code of practice and moral standards and any request to ship goods or accept orders without legally approved licences under ITAR or any foreign or local governing body, will be denied. Please contact us to discuss your requirements for goods under export licence restrictions.
5.1.4 The seller believes or is informed the transaction may be fraudulent.
5.1.5 There is any doubt to the moral standing of the buyer and the intentions for the use of the equipment purchased (tactical and military equipment), or the seller believes the use of the equipment may be for the illegal act of war, criminal activity, to cause harm to a human, including infringement of human rights, data protection or to inflict physical harm to others.
5.1.6 Any pricing errors due to typographical input that are presented either on the website or issued price lists or an error of pricing received by us from our suppliers/manufacturers.
5.2 In the event we cancel your order and the contract of sale we will notify the buyer by email and credit the full amount of the order inclusive of any shipping as soon as possible, and in any event within 14 working days.
5.2 Any agreed refunds will be made only by the same method of payment that was originally used for the order, no cash or other payment alternatives will be offered.
5.2 Under no circumstance will the seller be obliged to offer any compensation for loss, disappointment or any claim for cost that buyer may have incurred by the delayed or cancelled delivery of the goods.
6.DELIVERY OF GOODS TO YOU
6.1 We will deliver the goods ordered by you to the delivery address you specify at the time you make your order.
6.2 The buyer is responsible to make immediate contact to the seller and instruct if the delivery address is to change. We cannot change delivery address once the goods have left the warehouse. It is anticipated that the buyer should contact the seller within a maximum time of 2 hours after order for items in stock(some goods will despatch same day) and within 24 hours on back order items. Goods with longer lead times and the delivery address may be changed up to 24 hour before the despatch, the seller will notify the buyer of the expected goods availability and estimated despatch date.
6.3 Delivery will be made as soon as possible after your order is accepted. We aim to dispatch goods (if in stock) the next working day or same day if possible, and in any event within 30 days of your order, excluding custom/bespoke items or where we inform the buyer of a longer delivery date due to circumstances beyond our control. We will always try indicate where possible the expected delivery date, either by means of contact or product advertisement.
6.4 Ordering of bespoke or custom goods will not be covered by the clauses of theses terms or conditions and estimated delivery times will be quoted at the time of ordering.
6.5 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
6.6 All deliveries will require a signature. In the event of nobody being available to accept the parcel at the delivery address, a card will left by the courier to make alternative arrangements. If the buyer does not make contact with the courier within 3 working days the goods will be returned to the seller and the cost of a re-delivery will be at the buyers expense. If goods are damaged upon delivery please sign for the goods as damaged or refuse for delivery and contact us immediately.
7.1 In the event that the goods delivered do not match the description of the the goods ordered, or are defective, or of incorrect quantity, we shall have no liability unless the buyer notifies us of the problem within 7 working days from the delivery date. This does not affect your statutory rights, Consumer Contracts Regulations regulation or any warranty terms on applicable items.
7.2 On receipt of the damaged, incorrect or defective goods a full test and inspection will be carried out. If the claim is valid we will offer to replace or repair the goods or offer a full refund including shipping. If however we find the goods to match the description, are not defective or damaged then we will charge the buyer for their return.
7.3 The buyer must notify us in writing within 7 days of any given delivery date and after despatch from the seller warehouse, if the goods have not been received. We shall hold no liability if we are not informed within this time period of non delivered goods.
7.4 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than, in certain circumstances, to refund to you the amount paid by you for the goods in question.
7.5 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import, licences or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
7.6 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
8.1 All products are guaranteed for 12 (twelve) months (unless stated otherwise) from the date of purchase against faulty materials or workmanship. Shorter warranties will be offered on ex-demo/clearance goods case by case, and indicated by means of advertisement or notification. During any warranty period the product will be repaired, replaced, or in some cases a refund will be offered, at the discretion of the seller and to what method is deemed reasonable within the warranty period (see clauses 8.6), and provided that:
8.1.1 you contact us by email or phone if you wish to claim under the guarantee. We will advise you whether to return the goods either to Audionation-UK Ltd (or in some cases direct to the manufacturer).
8.1.2 the product is returned to the manufacturer or ourselves, whichever instructed, together with evidence of purchase date (receipt, invoice, web order notification etc)
8.1.3 the product has been purchased by the user and not used for hire purposes.
8.1.4 the product has not been misused or handled carelessly or used on an incorrect voltage supply
8.1.5 the product has been used only for it’s intended purpose and place. An example of this would be products classed for indoor use that are used outdoor and fail for this reason and therefore will be void of any warranty.
8.1.6 The user has not attempted any unauthorised repair. Signs of any tampering or attempted repair will void any given warranty.
8.2 For returns and replacements only: all goods must be returned as supplied, complete with all accessories including manuals, cables, software and the original packaging.
8.3 Supporting paperwork in the form of a note explaining the suspected problem and the invoice or packing slip must be included. Please note that replacements, repairs or refunds are not able to be processed unless these procedures are followed.
8.3.1 RMA Authorisation must be obtained before the return of any faulty goods that fall under any warranty. The RMA procedure is stated at clause 4.3
8.4 This guarantee does not cover consumable items such as batteries.
8.5 This guarantee does not confer any rights other than those expressly set out above and does not cover any claims for consequential loss or damage. This guarantee is offered as an extra benefit and does not affect your statutory rights.
8.6 A demand for a refund on a product that fails within 30 days is deemed reasonable. A demand for a refund on a product that fails after 30 days is deemed unreasonable (depending the severity of the fault) and a replacement will be offered. A demand for a replacement after 30 days but not exceeding 45 days is deemed reasonable, unless the fault can be rectified quicker than to when a replacement can be made available. A demand for a replacement after 45 days is deemed unreasonable (depending on the severity of the fault) and a repair will be offered. This clause does not in anyway affect your statutory rights and is only intended as a guide to our warranty terms and conditions and how we approach the matter of rectifying faults with our customers interest always a priority.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our email address or registered place of business.
10.EVENTS BEYOND OUR CONTROL
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damaged or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
13.THIRD PARTY RIGHTS
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
The contract between us shall be governed by and interpreted in accordance with English law and English Courts and shall have jurisdiction to resolve any disputes between us. All contracts shall be concluded in English only.
17.CONFLICT AND PRECEDENCE
Where another business has Terms and Conditions covering purchasing that may conflict with the Terms and Conditions of Audionation-UK then the Terms and Conditions of Audionation-UK shall take precedence unless agreed and signed in writing for the approval of alternative terms and conditions by a Director of Audionation-UK only.
Weight and dimensions for some products are for shipping calculations only and are not always accurate for the un-boxed weight and dimensions.
Unit 10-12 Ivy House Farm
Wolvershill, Banwell, BS29 6LB
+44 (0) 1934 642 555
+44 (0) 7810 200 653
Audionation-UK Ltd Commercial group are a major distributor and system integrator of specialised audio visual and electronics to commercial, industrial, heritage, leisure and retail markets.