Terms and Conditions
All prices include VAT at the current rate and are subject to change and availability (without notice). We aim to deliver all orders within 1 working day* and you can contact us in the following ways…
Call - 01242 222721
Email - email@example.com
Post - Sound & Vision Express Mead Road, Cheltenham, Gloucestershire, GL53 7DU, England
We except the following methods:
Credit/Debit Card through Paypal. No account required.
TERMS AND CONDITIONS OF TRADE FOR SAVE (revised 23/2/11)
"Customer" means any person whomsoever who orders Products online and engages SAVE to supply the Products online and shall include any officer, employee or agent of the Customer as the case may be;
“GMT” means Greenwich Mean Time;
"SAVE" means Sound And Vision Express LTD; Company number 5336055
"Products" means the supply to Customers by SAVE of any item;
"these Terms" mean these terms and conditions.
1.2 The singular includes the plural and vice versa and any gender includes all genders
1.3 The clause headings are inserted for ease of reference only and shall not affect the interpretation or construction of these Terms.
2. SCOPE OF THESE TERMS AND FORM OF AGREEMENT
2.1 These Terms shall prevail over any terms put forward by the Customer, unless SAVE expressly agrees to them in writing.
2.2 SAVE will not accept any amendments by the Customer to these Terms. SAVE may change these Terms from time to time without notice to the Customer. Changes will apply to any subsequent orders received.
2.3 The Customer shall not at any time whatsoever make use of or disclose for his own benefit or for or to or on behalf of any other person, firm or company, any confidential information which he now possesses or may posses relating to the business of SAVE or its affairs or of any suppliers, customers or other persons having dealings with SAVE and shall use his best endeavours to prevent the publication or disclosure of any such confidential information.
3A ORDERING OF PRODUCTS
3A.1 When placing an order for any Product, the Customer shall state, specifically, which Products the Customer desires to purchase and shall also at the same time confirm to SAVE, at their own risk, their home address, telephone number (including STD Code), delivery requirements and selected payment method including credit card details together with such other details that may be requested at that time from the Customer by SAVE.
3A.2 Any orders received by SAVE after 3.00 pm GMT/BST on a working day, shall be deemed by SAVE to be received the following working day.
3A.4 All orders are made subject to acceptance by the Customer of these Terms.
3A.5 Fulfilment of any order for Products is subject to stock availability and acceptance by SAVE of the Customer’s order. SAVE is under no obligation to fulfil any Customer order.
3B DELIVERY OF THE PRODUCTS AND RISK
3B.1.2 Risk as regards all loss or damage to the Products shall only pass to the Customer when SAVE has delivered the Products to the Customer.
3B.1.3 If the Products are lost or damaged due to any act, error, omission or neglect on the part of any carrier/courier, SAVE shall use its best endeavours to repair or replace the Products with an identical or similar model as soon as reasonably practicable on being notified of such loss or damage. We require pictures of any damage first in order to proceed with the claim.
3B.1.4 Delivery can only be made to UK addresses unless agreed by SAVE.
3B.2 The date and time for delivery of any Products in accordance with these Terms is not a contractual commitment, but an estimate only. SAVE shall deliver the Product as soon as possible, unless SAVE and the Customer have agreed a longer delivery period. If SAVE cannot deliver the Product within the period of thirty days or such longer delivery period as may have been agreed, SAVE shall immediately notify the Customer and agree another time for delivery. If neither SAVE nor the Customer can agree on another time for delivery, SAVE shall offer the Customer a refund of any monies paid to SAVE for the Product.
3B.3.1 Products are not delivered on a trial basis. The Customer shall upon receipt of the Products inspect the Products and if the Products conform to the Customer’s contract specifications, the Customer, or if not aged 18 or over, an adult aged 18 or over shall sign the delivery note accepting the Products.
3B.3.2 If the Products do not conform to the Customer’s contract specifications, the Customer must notify SAVE of any shortages, defects in the Products or any other complaint in respect of them within seven working days from the date of receipt. If SAVE delivers less than the contract quantity, SAVE shall use their best endeavours to make good the shortfall to the Customer, subject to stock availability, within 2 working days + Delivery time or in the absence of such stock as soon as available on being notified of the shortfall by the Customer, all at the cost of SAVE (unless the cost of the new stock has changed). If SAVE delivers more than the contract quantity, the Customer shall either accept and pay for the quantity actually delivered or accept the contract quantity and return the excess Products to SAVE forthwith upon demand by SAVE, all at the cost of SAVE. If any Products are proven to be defective within the Manufacturers warranty period they should be returned to SAVE at the Customers Expense and Risk (contact us first)
3B.5 Customers may, at the discretion of SAVE, be able to place an order for Products which are not yet available for delivery not earlier than six months prior to the date when such products are either due to be manufactured, or imported to the United Kingdom. The Customer shall not be required to pay for the Products until the Products are available to be delivered to the Customer.
4 PAYMENT OF PRICE
4.1.1 All prices quoted by SAVE to the Customer are in pounds sterling and shall be inclusive of Value Added Tax at the applicable rate from time to time, but exclusive of delivery charges, details of which may be obtained by the Customer on the SAVE Website.
4.1.2 SAVE accepts, as a method of payment the following:-
Mastercard, Visa, Solo, Delta, JBC, Amex, Cheque, PayPal. SAVE also accepts cheques and direct bank transfer.
4.2 Save as agreed between SAVE and the Customer, the Customer will pay all sums due under these Terms in full before the Products are delivered to the Customer.
4.3 Prices are subject to change without notice.
4.4 The Customer’s obligations under the terms of Clause 4 shall not be satisfied until SAVE is in the receipt of cleared funds.
4.5 Unless as part of any scheme or arrangement operated by SAVE, SAVE shall not offer any Customer any discounts.
Any or all statements, recommendations, advice and opinions made or expressed, including any statements referred to or contained, in any SAVE Website, email correspondence, on-line chat sessions, news groups, brochures, catalogues, correspondence and the like are made or expressed in good faith and on the basis of information available to SAVE at the time. No statement, recommendation, advice or opinion or any other communication whatsoever is deemed to be a representation, undertaking, warranty, guarantee or contractual obligation on the part of SAVE. SAVE will not be liable to compensate the Customer for any loss of anticipated profits, damage to the customer’s reputation or goodwill, loss of expected future business or any damages, costs or expenses incurred by third parties who are not customers. In addition, SAVE shall not be liable to the Customer in respect of any losses suffered by the Customer where such losses were not reasonably foreseeable to both SAVE and the Customer when the Contract was made and SAVE shall not be liable for any losses incurred by the Customer unless such loss was caused by any breach of these Terms or otherwise on the part of SAVE.
6. FORCE MAJEURE
"Force Majeure” means any, act of God, strike, lock out, war, act of terrorism, flood, lightening, fire, explosion, earthquake, civil commotion or riot;
6.1 If performance of SAVE's obligations are delayed or hindered by Force Majeure the following provisions shall apply:-
6.1.1 SAVE will as soon as reasonably practicable give the Customer notice of the reasons for the delay or hindrance. However, failure to give such notice will not prevent SAVE relying on the remaining provisions of this clause, and SAVE will incur no liability for failure to give such notice.
6.1.2 SAVE's duty to deliver the Products shall be suspended for as long as the circumstances amounting to Force Majeure continue, and the time for performance of SAVE's obligations shall be extended by a period equal to the duration of those circumstances.
Any question concerning the construction, meaning or effect of these Terms, or any dispute concerning the rights or liabilities of the parties under these Terms may, unless resolved between SAVE and the Customer, be referred to arbitration, which SAVE and the Customer acknowledge shall be governed by the Arbitration Act 1996. Any arbitration process will however be voluntary and the Customer shall not be forced to take part.
Any notice required to be given by any party hereto to the other shall be deemed validly served if served by:-
(a) prepaid registered letter post to the registered office and trading addresses of the recipient or such other address as may from time to time be notified in writing for this purpose; or
(b) personal delivery by hand; or
(c) by facsimile transmission;
(d) by electronic mail,
and in the case of service upon SAVE shall be marked "Private and Confidential" and for the attention of the Operations Manager. Any notice so served shall be deemed to have been served:-
(i) in the case of (a) above forty-eight hours after posting the same; or
(ii) in the case of (b) above upon delivery; or
(iii) in the case of (c) above upon transmission; or
(iv) in the case of (d) above within forty eight hours.
In proving service it shall be sufficient to prove that the notice was properly addressed and posted, or that delivery took place, or that the notice was faxed or emailed to the then correct facsimile number or email address of the party.
No waiver by any party of any of the requirements hereof or of any of their rights hereunder, shall be effective unless given in writing and signed by or on behalf of that party and no forbearance, delay or indulgence by any party in enforcing the provisions of these Terms shall prejudice or restrict the rights of that party nor shall any waiver by any party of any of the requirements hereof or any of its rights hereinafter release any other party from full performance of their obligations stated herein.
10. INTELLECTUAL PROPERTY
The Customer shall not be entitled to use or copy the trademarks, “SAVE”, “SOUND AND VISION EXPRESS” or any other trade marks or trade names used by SAVE or copyright works or any other intellectual property either registered, owned or used by SAVE without the prior written consent of SAVE. The contents of SAVE Website including all images, text and sounds thereon, unless otherwise specifically stated, are the exclusive intellectual property of SAVE.
11. APPLICABLE LAW
These Terms shall be construed and receive effect in accordance with the law of England and SAVE and the Customer agree to prorogate the exclusive jurisdiction of the England Courts. Any part or wording of these terms and conditions found to be unlawful will not invalidate the remaining parts of these Terms and conditions and they will remain in full effect.
12. UNSOLICITED EMAILS
SAVE shall not send any emails to Customers, except in connection with their order and delivery of the Products or special offers, unless the Customer has consented to the receipt of emails from SAVE by agreeing to join the SAVE mailing list. If this happens by our error there is an unsubscribe link on every E-shot
All complaints received by SAVE shall be acknowledged within five working days and SAVE shall at the point of acknowledgement provide to the Customer a reasonable estimate of the time scale involved in handling and resolving any such complaint. SAVE shall keep the Customer informed as to the progress of his complaint.
SAVE are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998 and according to the Which? Web Trader Code of Practice.
SAVE collect information about you for 2 reasons: firstly, to process your order and secondly, to provide you with the best possible service.
SAVE will give you the chance to refuse any marketing email from them or from another trader in the future.
The type of information SAVE will collect about you includes:
• phone number
• email address
• credit/debit card details
SAVE will never collect sensitive information about you without your explicit consent.
You can check the information that SAVE hold about you by emailing us. If you find any inaccuracies SAVE will correct it promptly.
The personal information which SAVE hold will be held securely in accordance with the law and the Which? Web Trader Code.
If SAVE intend to transfer your information outside the EEA (European Economic Area) SAVE will always obtain your consent first.
SAVE may use technology to track the patterns of behaviour of visitors to our site. This can include using a “cookie” which would be stored on your browser. You can usually modify your browser to prevent this happening. The information collected in this way can be used to identify you unless you modify your browser settings.
If you have any questions/comments about privacy, you should email them to firstname.lastname@example.org
15.INSTALL HIRES or Hires
IF ANY PART OF THESE TERMS ARE FOUND TO BE ILLEGAL OR INVALID UNDER UK LAWS, THE REMAINING PARTS WILL REMAIN VALID AND IN FULL FORCE.
THESE CONDITIONS ABOVE ARE IN ADDITION TO AND DO NOT EFFECT YOUR STATUTORY RIGHTS.