Terms & Conditions
TERMS AND CONDITIONS OF
SALE
FOR
www.hifi-tower.co.uk
1 DEFINITIONS
1.1 "Buyer" means the individual or organisation who buys or
agrees to buy the Goods and/or Services from the Supplier;
1.2 "Consumer" shall have the meaning
ascribed in section 12 of the Unfair Contract Terms Act
1977;
1.3 "Contract"
means the contract between the Supplier and the Buyer for the sale and purchase
of Goods and/or Services incorporating these Terms and
Conditions;
1.4
"Goods" means the articles that the Buyer agrees to buy from the
Supplier;
1.5
"Services" means the services that the Buyer agrees to buy from the
Supplier;
1.6
"Supplier" means HiFi-Tower Limited & Co. KG of:
Klarenbachstr.
1
10553 Berlin
Germany
That owns and operates www.hifi-tower.co.uk
Phone: + 44 (0) 8703-830-730
Fax: + 44 (0) 870-383-6459
Email Address: service@hifi-tower.co.uk
VAT number: DE 255970701
1.7 "Terms and Conditions" means the terms and
conditions of sale set out in this agreement and any special terms and
conditions agreed in writing by the Supplier;
1.8 "Website" means www.hifi-tower.co.uk
2 CONDITIONS
2.1 Nothing in these Terms and Conditions shall affect the
Buyer?s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts
for the sale of Goods and/or Services by the Supplier to the Buyer and shall
prevail over any other documentation or communication from the
Buyer.
2.3
Acceptance of delivery of the Goods shall be deemed conclusive evidence of the
Buyer?s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions
(including any special terms and conditions agreed between the parties) shall be
inapplicable unless agreed in writing by the Supplier.
2.5 Any special conditions applying to
the provision of the Services are set out in the Schedule to this
agreement.
2.6 Any complaints should be
addressed to the Supplier's address stated in clause 1.6.
3 ORDERING
3.1 All orders for
Goods and/or Services shall be deemed to be an offer by the Buyer to purchase
Goods and/or Services pursuant to these Terms and Conditions and are subject to
acceptance by the Supplier. The Supplier may choose not to accept an order for
any reason.
3.2
Where the Goods ordered by the Buyer are not available from stock the Buyer
shall be notified and given the option to either wait until the Goods are
available from stock, offered an alternative item with an amended price or
cancel the order and receive a full refund within 28 days.
3.3 When making an order through the
Website, the technical steps the Buyer needs to take to complete the order
process are described here.
3.4 The Buyer bares the responsibility to read and accept
the Payment and Delivery terms listed here before accepting the Contract. The
acceptance of the Payment and Delivery will be determined by the acceptance of
the contract.
3.5
The Buyer must proceed through the Suppliers online checkout before proceeding
with payment. The Buyer bares the responsibility to report any online technical
issues with the Supplier to rectify any problem before any request to cancel.
3.6 The Buyer must select ?Buy
Now? in the item listing in order to proceed through the Suppliers SSL secured
checkout procedure and confirm the order. The Buyer may be required to register
their details online in order to checkout. There are a total of four pages in
which the Buyer will have to confirm the order details, delivery and contact
details and payment method.
4 PRICE AND PAYMENT
4.1 The price of the Goods and/or Services shall be that
stipulated on the Website. The price is inclusive of VAT. Where applicable, the
price excludes delivery charges.
4.2 The total purchase price, including VAT and delivery
charges, if any, will be displayed in the Buyer?s shopping cart prior to
confirming the order.
4.3 After the order is received the Supplier shall confirm
by email the details, description and price for the Goods and/or Services
together with information on the right to cancel if the Buyer is a Consumer.
4.4 Where
applicable, if any payment is not paid on time or any payment is rejected or
refused, the amount owing will be treated as overdue and the Supplier will be
entitled immediately to cease or suspend the provision of any Service or further
deliveries of Goods until payment has been received.
4.5 The Supplier bares the responsibility to
provide the Payment and Delivery Terms to the Buyer in a sufficient medium for
the Buyer in full before dispatch of Goods and or commencement of
Service.
4.6 If the
Buyer is unclear on any Payment or Delivery terms, it is the responsibility of
the Buyer to contact the Supplier before they accept the contract. The Supplier
is not liable for any misunderstandings on the Buyers behalf of any Payment or
Delivery terms.
4.7 The Payment and Delivery
instructions are outlined here
5 PERFORMANCE OF
SERVICES
5.1 The Supplier will start performing the services within
24 hours of acceptance of contract.
5.2 The Supplier shall perform
the Services with reasonable skill and care. However, where applicable, the
Supplier does not guarantee that the Services will be uninterrupted, secure or
error-free or that any data generated, stored, transmitted or used via or in
connection with the Services will be complete, accurate, secure, up to date,
received or delivered correctly or at all. The Supplier may have to suspend the
Services for repair, maintenance or improvement. If so, the Supplier will
restore them as quickly as is reasonably possible.
6 RIGHTS OF
SUPPLIER
6.1 The Supplier reserves the right to periodically update
prices on the Website, which cannot be guaranteed for any period of time. The
Supplier shall make every effort to ensure prices are correct at the point at
which the Buyer places an order.
6.2 The Supplier reserves the right to withdraw any Goods
and/or Services from the Website at any time.
6.3 The Supplier shall not be liable to anyone
for withdrawing any Goods and/or Services from the Website or for refusing to
process an order.
6.4 The Suppliers online descriptions are as accurate as
possible, as most are taken directly from the manufacturers manual or product
literature. However, the Supplier will go to any reasonable lengths to
compensate the Buyer on these grounds.
6.5 Most pictures are generic
images of the item described. The Supplier will try to be as accurate as
possible with the pictures used. The Buyer should note that the manufacturers do
at times change the appearance of a product during its' manufacturing cycle. In
this case the Supplier shall not be held liable.
7 AGE OF CONSENT
7.1 Where Goods and/or Services may only be purchased by
persons of a certain age the Buyer will be asked when placing an order to
declare that they are of the appropriate legal age to purchase the Goods and/or
Services.
7.2 If the Supplier discovers
that the Buyer is not legally entitled to order certain Goods and/or Services,
the Supplier shall be entitled to cancel the order immediately, without
notice.
8 DELIVERY
8.1 Goods supplied
within the UK will normally be delivered within 3-5 working days on receipt of
payment.
8.2 Goods
supplied outside the UK will normally be delivered within 3-5 working days on
receipt of payment.
8.3 The Supplier shall use its reasonable endeavours to meet
any date agreed for delivery. In any event time of delivery shall not be of the
essence and the Supplier shall not be liable for any losses, costs, damages or
expenses incurred by the Buyer or any third party arising directly or indirectly
out of any failure to meet any estimated delivery date.
8.4 Delivery of the Goods shall be made
to the Buyer?s address specified in the order and the Buyer shall make all
arrangements necessary to take delivery of the Goods whenever they are tendered
for delivery.
8.5 If
the Buyer submits incorrect or inconsistent delivery information, the Supplier
will attempt to correct any discrepancies. If the Supplier cannot correct
discrepancies within reasonable measures, the Buyer will be contacted in due
course for clarification. In this event, the Supplier is not liable for any time
delay in the order.
8.6 Risk in the Goods shall pass to the Buyer upon delivery
of the Goods.
8.7 It
is the Buyers responsibility to check the consignment and within 48 hours notify
the Supplier if any of the items supplied are not those ordered. After this
period, mistakes cannot be rectified.
8.8 Title in the Goods shall not
pass to the Buyer until payment of the price has been made in full.
9 CANCELLATION
9.1 The Buyer may cancel any order for Goods for any reason
up to the point of dispatch and any payments made by the Buyer shall be refunded
within a reasonable time period.
9.2 If you are a consumer you have the right, in
addition to your other rights, to cancel the Contract for Goods and receive a
refund by informing the Supplier via email within 7 working days of receipt of
the Goods. The right to cancel does not apply to contracts for the supply of
software, audio or visual recordings if these have been unsealed by the
Consumer.
9.3 Goods
must be returned by the Buyer at the Buyer?s expense within 28 days of
cancellation in the original packaging and should be adequately insured during
the return journey. The Buyer will receive a refund for the item price paid for
the Goods (excluding delivery charges and return postage charges). If the Buyer
fails to return the Goods following cancellation, the Supplier shall be entitled
to deduct the cost of recovering the Goods from the Buyer.
9.4 If the Buyer fails to take
reasonable care of the Goods, they do not lose their right to cancel, but the
Supplier may be able to offset the cost of any unreasonable damage against the
refund due.
9.5 A
consumer has a "cooling off" period of 7 working days and an unconditional right
to cancel within that time. The Distance Selling Regulations require the Buyer
to send a notice of cancellation in writing, including email or fax.
N.B a telephone call is not
enough.
10 RETURN
10.1 The Buyer has
the responsibility to inspect the Goods for signs of outward damage of the Goods
prior to signing for them whilst in the presence of the courier. Failure to do
this will result in a delay in the processing for replacements or refunds whilst
the Supplier appeals to the transport company. And also may result in the claim
being rejected by the transport company.
10.2 The Buyer must notify the
Supplier via e-mail within 7 working days of delivery if the Goods are damaged
or do not comply with any of the Contract at: service@hifi-tower.co.uk . If the Buyer fails to do so the Buyer shall be deemed to
have accepted the Goods. Where a claim of defect or damage is made, the Goods
shall be returned by the Buyer to the Supplier within 28 days of delivery. The
Seller reserves the right to a rectification of defects upon the return of
defective Goods. In the case that repair or replacement is proved impossible,
the Buyer shall be entitled to receive a full refund (including delivery costs)
plus return postage charges up to £10 if the Goods are in fact defective.
10.3 Goods to be returned must comply
with the Suppliers return procedure. The Buyer must email the Supplier outlining
the exact nature of the return request to: service@hifi-tower.co.uk . The Buyer must include all relevant information for the
return including, invoice number, number of items, item identification number(s)
and the reason for return. The Buyer has the responsibility to contact the
Supplier in the event of a return request. Once the return request has been
resolved by both the Supplier and the Buyer, the Buyer will receive a return
slip via email. The Buyer has the responsibility to subsequently print the
return slip and attach it clearly and securely to the return
parcel(s).
10.4 The
Buyer is in no way forced to complete the steps outlined in 10.3, however in the
circumstance that they don?t, it will result in the return procedure being
delayed and subsequently will become complicated for both parties.
10.5 Where returned Goods are
found to be damaged due to the Buyer?s fault the Buyer will be liable for the
cost of remedying such damage.
11 LIMITATION OF
LIABILITY
11.1 Except as may be implied by law where the Buyer is
dealing as a Consumer, in the event of any breach of these Terms and Conditions
by the Supplier the remedies of the Buyer shall be limited to damages which
shall in no circumstances exceed the price of the Goods and/or Services and the
Supplier shall under no circumstances be liable for any indirect, incidental or
consequential loss or damage whatever
11.2 Nothing in these Terms and
Conditions shall exclude or limit the liability of the Supplier for death or
personal injury resulting from the negligence of the Supplier or that of the
Supplier?s agents or employees.
12
WAIVER
No waiver by the Supplier
(whether express or implied) in enforcing any of its rights under this contract
shall prejudice its rights to do so in the future.
13 FORCE MAJEURE
The Supplier shall not be liable
for any delay or failure to perform any of its obligations if the delay or
failure results from events or circumstances outside its reasonable control,
including but not limited to, acts of God, strikes, lock outs, accidents, war,
fire, failure of any communications, telecommunications or computer system,
breakdown of plant or machinery or shortage or unavailability of raw materials
from a natural source of supply, and the Supplier shall be entitled to a
reasonable extension of its obligations.
14
SEVERANCE
If any term or provision of these
Terms and Conditions is held invalid, illegal or unenforceable for any reason by
any court of competent jurisdiction such provision shall be severed and the
remainder of the provisions hereof shall continue in full force and effect as if
these Terms and Conditions had been agreed with the invalid illegal or
unenforceable provision eliminated.
15
CHANGES TO TERMS AND CONDITIONS
The Supplier shall be entitled to
alter these Terms and Conditions at any time but this right shall not affect the
existing Terms and Conditions accepted by the Buyer upon making a
purchase.
16 GOVERNING LAW
AND JURISDICTION
These Terms and Conditions shall
be governed by and construed in accordance with the law of England and the
parties hereby submit to the exclusive jurisdiction of the English
courts.