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Terms and Conditions of
Sale: April 2005
The following terms
and conditions apply to all transactions on
www.audio-workshop.co.uk. The placing of an order
indicates your acceptance of these terms and
conditions. Please read them carefully and print a
copy for future reference.
These terms and conditions do not affect your
statutory rights. We will treat each order for
goods as an offer by you to purchase the goods
subject to these terms and conditions.
IT IS ONLY WHEN WE HAVE DESPATCHED THE GOODS TO YOU
THAT WE HAVE A BINDING CONTRACT AND IT IS ONLY AT
THIS POINT THAT THE ITEMS WILL BE CHARGED TO YOUR
CREDIT / DEBIT CARD.
1. General
All orders for products and services in this
web site are accepted by audio-workshop.co.uk (AW)
subject to these terms and conditions of sale. No
other terms will apply to the supply of products
and services by AW unless agreed in writing by an
authorised signatory of AW.
All information
concerning the products and services contained on
this web site shall not form any part of the
contract between AW and the customer. AW may
correct any errors in this web site without
liability to the customer.
2. Prices
The prices for the products and services are as
set out in the AW web site that is current at the
date of dispatch. All prices exclude VAT, which AW
will add at the rate applicable at the date of
invoice. Whilst AW will try to maintain the prices
quoted in this web site, AW reserve the right to
change them without prior notice at any time before
dispatch.
3. Ordering
AW reserve the right to decline any order
placed by any company or person, whether or not
payment has been received, by giving notice of non
acceptance by e mail or Telephone within 24 hours
(Excluding weekends and Bank Holidays) of receipt
of the order. If AW declines to accept an order
where payment has been received, AW will refund the
payment in full.
AW action orders to
the customers requirements and do not substitute
one product for another unless requested by the
customer. If the order is unable to be completely
satisfied from stock, a member of staff will inform
the customer by return e mail of the situation and
offering if applicable an alternative item, a date
for which the stock is expected or Customer to
cancel the item. Please note that the remaining
balance of the order will not be dispatched until
the e mail has been responded to by the
customer.
4. Description
of Goods / Warranty and Liability
Although AW warrant that the goods will, at the
time of delivery, correspond to the description
given by AW all products we sell are of a technical
nature and it is not practical to publish detailed
specifications of all the products. All images,
descriptive matter, specifications and advertising
are for the sole purpose of giving an approximate
description of the goods. Full details are
available from the original manufacturer's
brochures & websites. Except where the Customer
is dealing as a consumer (as defined in the Unfair
Contract Terms Act 1977, section 12) all other
warranties, conditions or terms relating to fitness
for purpose, merchantability or conditions of the
goods whether implied by Statute, Common Law or
otherwise are excluded and the Customer warrants
that the Customer is satisfied as to the
Suitability of the Goods for the Customer's purpose
Goods are not sold on a trial basis.
If you buy goods
which have no published technical specifications,
it is your responsibility to establish the
suitability of the goods for your intended
purpose.
5. Typographical
Errors
In the event that a product is listed at an
incorrect price due to a typographical error or
error in pricing information from our suppliers, AW
shall have the right to refuse or cancel any orders
based on the incorrect price whether or not the
order has been confirmed.
6. Payment
If AW has not granted credit to the customer,
payment terms are cash with order. Orders will not
be despatched until payment has been
made.
This is a UK site
only. Orders will only be accepted from UK
residents for UK delivery, paid for with UK credit
cards only. On the order you must provide us with
your exact address and telephone number that your
credit card issuer has on file for you. Your order
will only be processed once authorisation of your
credit card has been properly received.
7. Availability
of Goods
All products are subject to availability and
may be withdrawn at any time. However it is our
policy to contact you if a product is out of stock
and if you do not wish to proceed with the order or
for any reason we cannot supply the product we will
arrange for the order to be cancelled.
AW offer an
extended range of products which are obtained
directly from our suppliers. These products are
subject to suppliers' stock availability and
delivery dates made by the suppliers' own delivery
services. It is our policy to contact you to
explain the stock and delivery situation with these
products. Again if you do not wish to proceed with
the order, we will arrange for it to be
cancelled.
8. Delivery
AW endeavour to deliver all goods within 3
working days. Please allow up to 5 working days for
delivery. We cannot be held responsible for delays
beyond our control, including delays caused by
third party carriers. For urgent next day
deliveries, please telephone your requirements to
us as, depending on the time of receipt of your
order, we cannot guarantee same day despatch for
orders placed using our online system.
Whilst every reasonable effort shall be made to
keep any delivery date, time of delivery shall not
be of the essence and we shall not be liable for
any losses, costs, damages or expenses incurred by
the Customer or any other person or company arising
directly or indirectly out of any failure to meet
any estimated delivery date.
Should the Customer request for the delivery to be
by instalments a further agreed carriage charge
will be applicable.
Failure by the Customer to pay for any instalment
or delivery when due shall entitle us to withhold
further deliveries and the Customer shall be liable
for any costs incurred by the Supplier relating to
such Goods which the Supplier is then entitled to
withhold.
Delivery of the Goods shall be made to the
Customer's address and the Customer shall make all
arrangements necessary to take delivery of the
Goods whenever they are tendered for
delivery.
9. Time
Limitations for Notification of
claims
9.1 Damaged in
Transit
As internal damage cannot always be identified
on delivery, the Customer must sign the drivers
manifest as "unchecked". Should any damage be
identified on opening the package, AW must be
advised within 48 hours of the exact damage. It is
imperative that the Customer does not dispose of
any of the packaging, as this will be required to
affect a claim against the carrier. The claim will
be handled by AW, and an arrangement will be made
to collect the damaged goods and replacements will
be sent.
We cannot accept
any claims for damage if the above time scales are
not followed.
9.2
Shortages
It is the Customers responsibility to sign for
the correct number of packages that are delivered,
the Customer is required to check that the number
of packages delivered equal the number of packages
on the delivery drivers manifest/consignment note.
Any shortages must be noted on the drivers manifest
and it is the Customers responsibility to
thereafter notify AW within 48 hours of
delivery.
Should the Customer be missing an item but has
signed for the correct number of packages. The
Customer must notify us within 48 hours of
delivery. The Customer will be requested to provide
AW with a copy of the invoice as well. The matter
will be investigated and the Customer will be
informed of the decision.
9.3 Incorrect
Goods
It is the Customers responsibility to notify AW
of any incorrect goods supplied within 48 hours of
delivery. If the items are not as ordered, the
Customer must not open the manufacturers packaging
or use the item. The Customer will also be required
to provide further information on what was received
i.e we may require the manufactures part codes and
a full description of what has been received.
Should there be any extenuating circumstances that
has prohibited the the Customer to remain within
the specified time frame, resolution will be by
mutual decision.
9.4 Non
Deliveries
AW will not accept liability for goods lost in
transit unless we are notified within 5 days from
the expected delivery date. This will be the date
advised on the Customers automated despatch note
which is emailed to the Customer once the items
have left our warehouse.
AW shall accept no liability for shortages, non
deliveries, incorrect goods and goods damaged on
delivery outside the reported timescales. Except
when extenuating circumstances have prevented
notification within the reported timescale. The
extenuating circumstances must be by mutual
agreement.
10. Product
Guarantees
All products supplied are covered by the terms
and conditions of the Original Manufacturers
Guarantee for a period of 12 months or longer if
relevant, this is in addition to the consumers
statutory rights.
11. Cancellation
of Orders
Orders cancelled after dispatch of the goods
will be subject to credit only once the items are
returned to AW and receipted back into our
Warehouse. If the items are accepted, opened and
used the Distance Selling Regulations will apply.
In all instances, goods must be returned as new,
with no blemish, defect or parts missing, neither
must the outer manufacturer packaging show any
damage or be defaced in anyway. Should the
items/packaging show any damage or be incomplete
and defaced in any manner a 25% fee will apply,
this will automatically be deducted from the credit
issued.
12. Items no
longer required (Not applicable for Faulty
Goods)
If you are not totally satisfied with your
purchase, you can return it within 7 days from
receiving the goods for a refund provided it is in
pristine condition in its original box and
packaging.
The Customer will be responsible for the safe
return of the goods. Goods must be returned "as
new" or in the same condition that they were
received in. There should be no damage, all parts,
items should be returned, all packaging must be
included and the manufacturer packaging must not be
defaced in manner. See Returns
14
13. Faulty
Goods
A restocking fee of up to 25% is charged on
returns, which prove to be non defective. It is
therefore imperative that you have made every
effort to confirm the the exact fault . All
products used as parts to effect a repair to a
product must be fitted by a competent and qualified
engineer, ensuring that no other fault exists that
may in any case cause damage to parts supplied by
AW subsequently resulting in a claim for faulty
goods.
The restocking fee is non-negotiable. See
Returns 14
14. Returns
The Customer cannot return items that are not
under the cover of a Returns Number (RA). The RA
request must be requested by email, fax or
telephone. Only once the RA has been authorised, do
we accept that the item(s) may be returned. The RA
number must be clearly marked on the outer
packaging only and not on the manufacturer
packaging. Any item returned not under the cover of
an RA number will be rejected. We do not refund
carriage charges applied to the initial order and
neither do we pay for the cost of returning the
items to us.
Only complete products will be accepted. Therefore
ensure that all additional enclosures, such as
manuals, free software, cables etc are all
returned. Adequate packaging must be used to return
the goods.
Adequate packaging constitutes that the item is
wrapped securely and then placed inside a box in
order for the item to return to us with no internal
or external damage. Items that are not securely
wrapped and received, will be returned in the same
manner.
We reserve the right to reject any item(s) that do
not meet the criteria laid out above.
A restocking fee of up to 25% of the original
invoice value may be levied on item(s) returned
after 7 days of the goods being
delivered.
15. Refunds
If for any reason you are issued with a refund,
please note the following,
- All refunds
will be issued to the same payment method as on
the original order.
- When a refund
is processed, you will receive an email
notification.
- A refund will
usually reach your credit card account within 4
working days after it being processed, please
allow up to 10 working days for it to be
credited. We do however reserve the right to
refund you within 30 days of the return.
- Goods returned
within the manufacturer's DOA period, will be
refunded in full including the original carriage
charge. If the goods are found not to be faulty
or they have been damaged by misuse, they will
be returned to you and no refund will be
issued.
16.
Liability
Except as may be implied by law and except in
the case of death or personal injury where the
Customer is dealing as a consumer, in the event of
any breach of these Terms and Conditions by AW the
remedies to you shall be limited to damages which
shall in no circumstances exceed the price of the
Goods and AW shall under no circumstances be liable
for any indirect, incidental or consequential
damages
17. Force
Majeure
AW will not be under any liability whatsoever
in the event that we are prevented or delayed from
supplying or making delivery of any Goods by any
reason or cause beyond our control.
18. No
Waiver
AW's failure to insist upon strict performance
of any provision of these Terms and Conditions
shall not be deemed to be a waiver of our rights or
remedies in respect of any present or future
default of the Customer in performance or
compliance with any of these Terms and
Conditions.
19. Privacy
Policy
Your details are completely confidential. We do
not disclose buyers' information to any third
parties for any reason whatsoever.
20.
Severability
In the event that any or any part of these
Terms and Conditions shall be determined invalid,
unlawful or unenforceable to any extent such term,
condition or provision shall be severed from the
remaining Terms and Conditions, which shall
continue to be valid and enforceable to the fullest
extent permitted by law.
These Terms and Condition shall be construed in
accordance with English Law.
Michael Williams
T/A Audio-Workhop.co.uk
Unit 2 House 2 Lynderswood Estate
Upper London Road
Black Notley
Braintree
Essex CM77 8JT
Tel: 01245 3615787
Fax: 01245 361357
email:
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