1.1 "Buyer" means the individual or organisation that 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 products 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:
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
1.9 "Business hours" means 9:00 am to 5:00 pm, Monday to Friday, excluding bank and public holidays.
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.
3.1 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 add the product to the shopping cart in order to proceed through the Suppliers SSL secured checkout procedure and confirm the order. The Buyer may be required to register their contact details online in order to complete the 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 Occasionally, an error may occur and goods may be either incorrectly priced or described in which case we will not be obliged to supply the goods at the incorrect price or in accordance with the incorrect description or at all. We reserve the right to correct any errors from time to time. We will (at our discretion) either cancel your order and refund the price you have paid or use reasonable endeavours to contact you and ask you whether you wish to continue with the order at the correct price or description. If we are unable to contact you or you do not wish to continue with the order at the correct price or correct description, we will cancel your order and refund the price you have paid.
Please note acceptance of the contract only occurs once the goods are delivered.
5 PERFORMANCE OF SERVICES
5.1 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. In the event the goods are inaccurately advertised, 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 ist' 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.
8.1 Goods supplied within Ireland will normally be delivered within 3-5 working days on receipt of payment.
8.2 Goods supplied outside Ireland will normally be delivered within 3-5 working days on receipt of payment.
8.3 The Supplier shall endeavor to meet the date agreed for delivery. In any event the time of delivery may not be met; 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 The Supplier aims to deliver all goods advertised in a timely manner. In the event the goods cannot be delivered, due to lack of stock, or inability to deliver to the Buyers address via courier, the Supplier shall contact the Buyer to make alternative arrangements.
8.6 In the event the Buyer submits incorrect or inconsistent delivery information, the Supplier will attempt to correct any discrepancies. If the Supplier cannot correct discrepancies within a reasonable time frame, 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. In the event discrepancies in the order are not corrected, the goods may be returned to the Supplier and the order will be cancelled.
8.7 Risk in the Goods shall pass to the Buyer upon delivery of the Goods.
8.8 It is the Buyers responsibility to check the external condition of the goods upon delivery for any outward damage. When damage is found, the Buyer must refuse the goods and inform the driver the goods are “damaged”. In any event the goods are refused; the Buyer is required contact the Supplier via email or telephone within 48 business hours of refusal of the goods.
8.9 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.
8.10 Title of the Goods shall not pass to the Buyer until payment of the price has been made in full.
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 within 30 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 A consumer has a "cooling off" period of 30 days (one calendar month) and an unconditional right to cancel within that time as outlined in 9.2. The Distance Selling Regulations require the Buyer to send a notice of cancellation in writing, including email or fax.
9.4 In the event of return of supplied goods within the 30 day “cooling off” period, goods over the value of £49.90 can be returned at the suppliers cost (parcels which are heavier than 30KG or which have a parameter of 300cms must be returned at the buyer's cost). Upon receipt of return, the Buyer will receive a refund for the item price paid for the Goods (excluding original postage). The Buyer must contact the Supplier for return information before returning the goods.
9.5 In the event of return of supplied goods within the 30 day “cooling off” period, goods under the value of £49.90, the Buyer must return the goods at their own cost. Upon receipt of return, the Buyer will receive a refund for the item price paid for the Goods (excluding original postage & packaging and excluding return postage charges). The Buyer must contact the Supplier for return information before returning the goods.
9.6 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.
9.7 Goods must be returned by the Buyer within 28 days of cancellation in the original packaging and should be adequately insured during the return journey.
9.8 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.
10.1 The Supplier holds the responsibility to provide accurate and informative information about the right to return goods Supplied to the Buyer under Contact of sale.
10.2 In any case where a claim of defect or damage is made, the Buyer has the responsibility to contact the Supplier and provide a detailed explanation of the nature of the defect or damage and shall communicate with the Supplier to resolve the matter before a return is requested.
10.3 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 so may result in delays in processing replacements or refunds whilst the Supplier appeals to the transport company.
10.4 The Buyer must notify the Supplier within 30 days of purchase if the Goods do not comply with any of the Contract. Where a claim of defect or damage is made, the Goods are required to be returned by the Buyer to the Supplier within 28 days of reporting the defect or damage. The Buyer is entitled to receive a refund (including delivery costs) or replacement, plus return postage charges up to £10 if the Goods are defective.
10.5 Goods are deemed to be accepted by the Buyer after 30 days of possession of the Goods. When a request for a return is made after 30 days of purchase, up to one year, the Supplier reserves the right to a rectification of defects upon the return of defective Goods. I.e. The Supplier reserves the right to offer a repair or replacement to the Buyer. Only in the case that repair or replacement is proved impossible, the Buyer shall be entitled to receive a refund.
10.6 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: email@example.com . 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 return documentation via email. The Buyer has the responsibility to subsequently print the return documentation and attach it clearly and securely to the return parcel(s) as provided in the Suppliers instructions.
10.7 The Buyer is in no way forced to complete the steps outlined in 10.6, however in the circumstance that they don't, the return procedure may being delayed and subsequently will become complicated for both parties.
10.8 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.
10.9 Failure to return the goods under the Suppliers instructions may result in costs and/or delays to the Buyer.
10.10 Usually, if a defect occurs within the first six months after delivery, it is assumed that a hidden defect was present. Therefore, we will repair your device in line with our warranty or exchange the item for a replacement.
If the 6 months has expired we require proof or confirmation that the goods were delivered with a defect or the defect was present within the first six months after delivery.
We are able to accept proof in the form of a technician's report. It is important that this document outlines that the defect was not caused by misuse. In addition, this report must be on company headed paper, clearly stating the precise defect.
Please understand that without such proof, we cannot accept your claim.
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 whatsoever.
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.
No waiver by the Supplier (whether express or implied) in enforcing any of ist rights under this contract shall prejudice ist 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 ist obligations if the delay or failure results from events or circumstances outside ist 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 ist obligations.
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 the United Kingdom and the parties hereby submit to the exclusive jurisdiction of the UK courts.