XVIVE – Page 3 – Simply Sound and Lighting

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The contractual terms between Simply Sound Ltd (hereinafter referred to as the Company) and those purchasing goods from the Company are contained exclusively within these Conditions of sale. These Conditions and the Contract shall be subject to and construed in accordance with the Law of England.

1. WEB SALES

1.1 The "Acknowledgement" stage sets out your order as you have sent it. Please note that this is not a confirmation or acceptance of your order. While we try to maintain accurate stock levels on the site, we can take no responsibility for subsequent stock unavailability and will inform you of this before accepting the order.

1.2 Acceptance of your order and completion of the contract will take place on dispatch of the products ordered.

1.3 The price you pay will be the price displayed on our website at the time we receive your order, apart from the following exceptions.

a) Where the carriage option you have chosen is inappropriate for goods or area selected.

b) Whilst we try to ensure that all prices displayed on our website are accurate, errors may occur. If we discover an error in the price of the goods you have ordered we will notify you of the change and give you the option to reconfirm your order at the new price or cancel it. If we are unable to contact you we will automatically cancel your order.

2. VARIATION

In no circumstances will the Company be bound by any addition to or other variation of these terms whether oral or in writing unless any such addition or variation is agreed in writing by the Company with express reference to these terms.

3. ACCEPTANCE OF ORDERS

(a) It shall be the responsibility of the Purchaser to determine the suitability of the goods for any application.

(b) There is no guarantee as to the goods suitability for any specific purpose even if that purpose is known to the Company. In any dispute that may arise liability of the Company for breach of any warranty or obligation either expressed or implied is limited to the value of the goods supplied in any event.

(c) All recommendations and advice given by the Company or the employees or agents of the Company are given without liability on the part of the Company.

(d) Descriptive pictorial or written material issued or published by the Company from time to time relating to goods offered for sale shall not form part of any contract of sale.

(e) The Company shall not be responsible for any loss or damage caused either directly or indirectly by the goods or by any act or omission in connection therewith.

4. EXECUTION OF ORDERS

Execution of orders is contingent upon the availability of goods and the absence of any circumstances beyond the control of the Company which hinder or prevent such execution.

5. RETURNS, CANCELLATIONS

Goods properly delivered by us will not be accepted for credit unless we are advised beforehand and agree to accept them back. Such goods returned as not wanted or incorrectly ordered must be sent back within 7 days of receiving the goods carriage paid.

6. DELIVERY DELAYS

Whilst the Company undertakes that every effort will be made to ensure that goods are delivered promptly, no liability will be accepted for delay in despatch or delivery of goods.

7. RISK IN GOODS

The risk in all goods shall pass to the Purchaser on delivery of the goods to the Purchaser.

8. DAMAGE OR SHORTAGE

Damage or shortage of goods discovered on delivery must be notified to the Company within seven days. Any claims for damage or shortage which are not notified within this time shall not be accepted by the Company.

9. RETURNED GOODS

Goods will not be accepted for return without the prior agreement of the Company. Agreed returns must be accompanied by details giving the reason for return and the date and number of the Company's invoice upon which such goods were charged. Damaged goods must be signed for as damaged or refused. After goods have been signed for, as received in good condition, claims for damage will not be met by the Company. Any goods found not faulty on return to the Company renders the sender liable for collection and return costs. Any goods returned to the Company as faulty or damaged must be inspected by one of our technicians before a replacement is sent. Goods will not be exchanged automatically except in extreme circumstances.

10. PAYMENT OF INVOICES

All orders must be accompanied by full payment unless alternative arrangements have been previously made

11. RESERVATION OF TITLE

Notwithstanding delivery and passing of the risk, legal and beneficial ownership of the goods shall remain in the Company until full payment for the goods has been made. Until ownership passes the Purchaser shall hold the goods as bailee for the Company and must keep the goods free from any charge lien or other encumbrance. If the Purchaser purports to sell the goods before payment is made to the Company the proceeds of the sale shall belong to the Company until payment in full has been received by the Company. Where such goods are used, even with loss of identity, the legal ownership to the resultant product shall vest in the Company and any proceeds of sale in respect of goods unused or resultant products shall be received by the Purchaser as agents for the Company and on their account.

12. SUSPENSION AND TERMINATION

The Company shall be entitled to cancel or suspend performance of the contract if the Purchaser (a) shall fail to make payment due to the Company under contract or on any other account on the due date and/or (b) shall have a receiver appointed, go into liquidation or bankruptcy, or cease to trade. Upon any such cancellation, the Purchaser shall make available for collection by the Company any goods in the possession of the Purchaser for which payment has not been made.

13. COPYRIGHTS AND PATENTS

Products offered for sale on this site may be the subject of patents or other legal protection. The Company accepts no liability for infringement of such rights.

14. WARRANTIES

All items supplied by the Company are guaranteed for a period of 12 months from the date of despatch. With the exception of consumable items such as lamps. Any item found to be defective through faulty materials or workmanship will be replaced or repaired, (at our discretion). Refunds will not be given after fourteen days except in extreme circumstances. Cash refunds are not given, refunds are by cheque, credit card or bank transfer only. Warranty may be invalidated if goods have been modified or otherwise tampered with by anyone other than the Company. The Company reserves the right to cancel warranties on any goods being used for hire or for any application they were not designed for

15. DESCRIPTIONS

(a) All diagrams, illustrations, descriptions and dimensions appearing on this site are approximate and included for guidance only.

(b) In line with our policy of continuous improvement, we reserve the right to make design or product alterations, or to discontinue any item as may be necessary without prior notification.

16. PRICES

All prices in this site are subject to change without prior notice and include VAT at the current rate.

17. IMPORT VAT & CUSTOMS DUTY
Customers from outside the United Kingdom may be charged import VAT and customs duty. This is payable to the courier and they will contact the customer to arrange payment, if the customer refuses the shipment or does not pay the charges then the shipment will be returned to us. In this instance, we will refund the customer minus carriage costs. It is possible to send goods with VAT and duty paid - please contact us on info@simplysoundandlighting.co.uk before you order to arrange this type of shipment.