TERMS AND CONDITIONS OF BUSINESS
AUDIOSERV ONLINE B2C SALES
- This website is operated by Audioserv Ltd. Where these terms and conditions use terms such as “we”, “us” and “our” they refer to Audioserv Ltd.
- By visiting our website and/or purchasing something from us, you are deemed to have accepted these terms and conditions.
- You can view the most current version of these terms and conditions at any time by visiting this website page. We reserve the right to update, change or replace any part of these terms and conditions, without prior notice to you, by posting updates on this page. It is your responsibility to check this page on each visit to your website, read these terms and conditions and ensure you understand them before making a purchase.
- We reserve the right to refuse service to anyone, for any reason, at any time.
- Any content that you enter onto this website may be transferred unencrypted and involve transmissions over various networks and may involve changes in order to conform and adapt to the technical requirements of connecting networks or devices.
- You may not reproduce, duplicate, copy, sell, resell or otherwise exploit for commercial gain, or otherwise, any portion of any of the content on the website or any other part of the service that we offer on this website.
- Headings and titles used on this website are done so for convenience only. They do not constitute any part of the terms and conditions and will not limit or otherwise affect the terms herein.
ONLINE STORE TERMS
- Our website offers a range of products for sale. Where we refer to an ‘item’ we are referring to a single product or service available for purchase on this website.
- We will take all reasonable care to ensure that the details displayed for a particular item offered for sale are correct at the time when the information was entered onto the system.
- Whilst care is taken to ensure that we display as accurately as possible appearances, colours, textures or finishes, what you will see on your computer monitor or equipment may differ and so we cannot guarantee that images are an accurate representation of the actual goods or services that you are purchasing.
- When you place an order you will receive an email confirming the details of your order. This email is not confirmation that your order has been accepted by us and is not legally binding in any way. It is merely provided for your information only to confirm that your order has been submitted.
- For a variety of reasons, we may not be able to accept your order including, but not limited to, the following:
- i) The item you have ordered is out of stock: If the goods you have ordered are not available from stock, we will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until the item is available from stock or to cancel your order.
- ii) We cannot authorise your payment or have reasonable grounds to suspect your payment may be fraudulent.
- iii) There has been a pricing or product description error.
- iv) There is a system or procurement failure.
- v) You have failed our customer validation checks.
- vi) We do not deliver to your area.
- Your order constitutes an offer to purchase the items in accordance with these terms and will only be accepted by us once your goods have been dispatched, at which point a contract shall come into existence. If we do not supply an item for any reason then we will not charge you for the item and will refund any money already paid. We accept no liability to you or to any third-party where we are unable to (or choose not to) accept or fulfil an order.
MODIFICATIONS TO OUR SERVICE AND PRICING
- Prices for items are subject to change without notice.
- We reserve the right to, at any time, modify or discontinue any part of the service that we offer, or any part of content thereof, without any notice to you.
- We accept no liability to you or to any third-party for any modification, price change, suspension or discontinuation of the service.
- Standard delivery: we aim to deliver items within 2 – 4 working days.
- Any dates quoted for delivery are an estimate only. We shall not be liable for any delay in delivery of an item that is caused by circumstances beyond our control (including, but not limited to, courier delay), or at busy times, or that is caused by your failure to provide us with adequate delivery instructions or any other instructions relevant to the supply of the item.
- We will deliver items to the address you specify, save that:
- i) For first time orders, we can only ship to the billing address of the credit or debit card holder. For subsequent orders, we can ship to an alternative address if paid by credit or debit card.
- ii) For Paypal Orders, we can only deliver to a verified address that is confirmed in Paypal.
- iii) For orders paid by Finance, we can only deliver to the confirmed address that has been submitted in the finance application.
- You will become the owner of the goods once they have been delivered to you. Once goods have been delivered to you, they will be held at your risk and we will not be liable for their loss, damage or destruction.
- Should you wish to cancel your order, you will need to contact firstname.lastname@example.org immediately to ascertain whether the items have been dispatched or not.
- Where items have not been dispatched prior to receipt of a cancellation request, you will be entitled to a full refund which will be processed to your original method of payment within 14 days.
- Please unwrap items carefully, keep all packaging safe, examine the goods and you no longer want the goods, put them back in the box for safe return. All items need to be returned to Audioserv in ‘as new condition’ in the original packaging.
- After items have been dispatched, you will need contact Audioserv by email or phone within 14 days of delivery.
- We will arrange the collection for return with the shipping company.
- If you change your mind, your order needs to be cancelled within 14 days: Returns for cancelled orders will incur a carriage charge that will be deducted from your refund. This amount will depend on the size, weight and location of collection.
- All items must be returned to us ‘as new’ in the same condition to qualify for a full refund. If the packaging has been damaged, you may only be eligible to a partial refund (we will deduct from the refund, at our reasonable discretion, an amount reflecting any loss in the value of the items supplied due to handling). All items must be returned in the original packaging.
- Refunds will be made within 14 days of Audioserv receiving the returned item.
- Where you have ordered a bespoke item, you may not be able to cancel your order. In most instances where bespoke items have been ordered, it not possible to cancel the order, unless the cancellation occurs before the manufacturers have commenced production. Please contact Audioserv to check order status for bespoke items.
FAULTY ITEMS WITHIN WARRANTY
- If the item you purchased was faulty or did not work properly, or you think the item was not as described in the item description: please contact us first before requesting a refund as we may be able to resolve your problem to your satisfaction. We are under a legal duty to supply goods that are in conformity with this contract and in accordance with the Consumer Rights Act 2015: http://www.legislation.gov.uk/ukpga/2015/15/contents. Any non-conformity with this contract should be reported to us promptly and in any event within 14 days of their delivery.
- Repair: If within the warranty period and terms of the manufacturers warranty policy, we will arrange, on your behalf, for the repair or replacement of a defective item with minimum hassle and will keep you up to date on the progress made with the manufacturer.
- Replacement of a fault item: If the item cannot be repaired within 8 weeks, a replacement will be issued. If the item is not available, the customer will be offered an alternative product or full refund including delivery.
- Refund of a faulty item: Once your return is received and inspected, we’ll contact you to let you know whether your refund will be processed and, if so, to advise you of any deduction to be applied. We will credit your original method of payment with the refund within 14 days of receiving the item.
- Within a period of one year after you have received the item/s, and for up to ten years where the manufacturer’s warranty extends to that period – details of which are contained on the specific product pages of our website.
LIABILITY AND INDEMNITY
- Nothing in these terms and conditions limits any liability which cannot legally be limited, including liability for:
- i) death or personal injury caused by negligence;
- ii) fraud or fraudulent misrepresentation;
- iii) breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
- iv) defective products under the Consumer Protection Act 1987.
- Subject to clause 29:
- i) our total liability to you in contract, tort (including negligence), misrepresentation, restitution or otherwise shall not exceed the value of the items purchased;
- ii) we shall not be liable for any special, indirect or consequential or incidental damages including loss of profits or loss of opportunity as a result of the use of or the inability to use any items that have been ordered on this website.
- You agree to indemnify us and our agents, officers, directors and employees, immediately and on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach by you of any of these terms and conditions.
- These terms and conditions shall be governed in accordance with English Law and are subject to the exclusive jurisdiction of the courts of England & Wales.
- Should any clause or sub-clause be found to be unenforceable then the remainder of the terms and conditions shall continue to have full force and effect as if the invalidated term was not present.
- Should any delay or failure to comply with our obligations under these terms and conditions arise where it is beyond our reasonable control, we will not be responsible to you for such delay or failure nor shall we be liable for any loss that you incur, howsoever caused.
- Nothing in these terms and conditions or any order you place with us gives rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the contract.
- We want to ensure you have the best possible buying experience, but if you are not happy with something, please let us know:
- If you have a complaint, please contact us at: email@example.com
- If you have not managed to get a sufficient response to your complaint you can access the Online Dispute Resolution platform here: http://ec.europa.eu/consumers/odr/: