Full Terms and Conditions of Online Purchase - Home Cinema Stands
Before using this website, please read the following terms and conditions (“Terms”) carefully. By using this website and placing an order with us, you are agreeing to be bound by these Terms and by our Website Terms and Conditions of Use. We, Home Cinema UK Limited, reserve the right to modify these Terms at any time and without actual notice to you.
PLEASE READ THESE TERMS AND CONDITIONS OF PURCHASE CAREFULLY BEFORE PLACING YOUR ORDER; THEY CONTAIN SOME USEFUL ADVICE ON HOW TO USE OUR ONLINE ORDERING SERVICE. PLEASE ALSO RETAIN A COPY OF THESE TERMS AND YOUR ORDER CONFIRMATION, IF ANY, FOR FUTURE REFERENCE. YOUR STATUTORY RIGHTS ARE NOT AFFECTED BY THESE TERMS AND CONDITIONS.
A – TERMINOLOGY AND GENERAL INFORMATION
The words “Home Cinema UK Limited,” “Home Cinema UK,” “we,” “us,” “our” and “ours” used in these Terms mean Home Cinema UK Limited. Our registered address is 2 Shottery Brook Office Park, Timothys Bridge Road, Stratford Upon Avon, Warwickshire, CV37 9NR; our company registration number is 5076496; and our VAT number is 837 8913 79.
The words “you”, “your” and “yours” used in these Terms mean any user of this website to order and purchase goods from us.
We subscribe to the following codes of conduct: SafeBuy and Internet Shopping Is Safe.
B – FORMATION OF CONTRACT
Set out below is a useful summary of the steps you must follow in order to create a legally binding contract with us:
B-1 Provided that you agree unconditionally to these terms and conditions, you will be given the opportunity to place an order. Our standard order process contains information on price together with a description of the products and services, an explanation of any promotional offers, and methods of payment.
B-2 On completing the order process you will be given the opportunity to submit an order to us by clicking on the “order” button which appears at the end of the process. You will have an opportunity to check and correct any input errors in your order up until you submit your order. On receipt, we will send notification to you by electronic mail that your order has been received. If you do not wish to submit an order to us, you should click on the “Home Page” button and you will return to our home page and your order will not be transmitted.
B-3 All orders made by you through this Website are subject to acceptance by us. We will acknowledge your order by email, please note that this is an acknowledgement email only and does not mean that we have accepted your order. We will debit your credit card at time of order; however, if your order is not accepted we will credit your card immediately. We may choose not to accept your order for any reason. There will be no contract of any kind between you and us until we actually despatch the products to you. At any point up until then, we may decline to supply the products to you without giving any reason.
B-4 If the products you have ordered are not available from stock we will contact you by email within 7 days and you will have the option to either wait until the products are available or cancel your order in accordance with our cancellation and returns terms set out below.
B-5 All agreements by which we agree to supply goods and services to you shall be subject only to these Terms and Conditions of Purchase (these Terms) notwithstanding any variation or attempted variation of these Terms made by you in your order form, confirmation of order, similar document, or otherwise. All orders by you for goods or services shall for all purposes be deemed to be an offer to purchase goods and services pursuant to these Terms and shall be conclusive evidence of your acceptance of these Terms.
B-6 The images of the products on this Website are approximate only and the products you order may differ slightly in appearance, colour, etc. We are careful to ensure that the price and description of products offered on this Website is accurate; however, sometimes, an error can occur. If we find an error (in the price or description of products you have ordered), we will tell you if we consider the variations to be material in terms of their performance and ask you if you wish to proceed with your order or cancel.
ORDERING PRODUCTS FROM THE WEBSITE
1. GENERAL TERMS
1.1 When submitting an order you are confirming that you are of the required legal age to purchase the product. If it is discovered that you are not legally entitled to order certain products, we reserve the right to cancel your order immediately without notice.
1.2 If you are ordering products as or on behalf of a business, rather than as a private consumer, you confirm that you have the authority to bind any business on whose behalf you use this website.
1.3 All descriptions, drawings and other particulars relating to the goods listed on this or any other associated website, in any catalogues, leaflets, brochures or other documents are for illustrative purposes only and do not form part of the agreement between us.
1.4 Goods supplied will be in accordance with manufacturers’ normal designs and specifications current at the date of manufacture or delivery and the supply by us of goods differing from any contractual or pre-contractual specifications or descriptions shall not be a breach of the agreement between us in so far as the goods are of approximately equivalent performance to the goods referred to in such specifications or descriptions.
1.5 We may from time to time make changes in the specification of the goods and services which are required to comply with any applicable safety or statutory requirements or which do not materially affect the quality or fitness for purpose of the goods and services.
1.6 If for any reason we cannot meet the 30 day deadline under the Distance Selling Regulations to deliver your purchase, we will inform you before the expiry of the 30 days. We may then agree a revised delivery date, but you do not have to agree to a revised date. If you do not agree to a revised date, the contract will be treated as if it had not been made. The exception is that some special order (made and customised to order) items may take longer than 30 days to deliver; if this is the case we will inform you before we accept your order and take payment, so that you have the opportunity to cancel your order. If you place your order for goods that are customised/made to specification and know they will be delivered more than 30 days after your order, you have accepted the later delivery date and cannot then cancel your order. (See term 5.7 herein below.)
1.7 Changes to terms and conditions: We may change these Terms at any time and without prior notice to you. It is your responsibility to check these Terms for changes, and current Terms are available at www.homecinemastands.com. By using this website and by placing an order with us after changes are made you shall be regarded as having accepted the changes.
2. PRICES AND PAYMENT
2.1 We accept payment by Visa, MasterCard, Visa Debit/Delta, UK Maestro, Solo and Amex. Payment will be processed when we receive your order for the products. By proceeding with the order, you confirm that the payment card being used is yours or you are duly authorised to make the purchase. All payment card holders are subject to validation checks and authorisation by the card issuer. We are not responsible for your card issuer or bank charging you as a result of our processing your payment.
2.2 All prices displayed on this Website are in UK pounds sterling. The prices include VAT (where applicable) and include delivery charges to UK mainland but exclude deliveries to remote parts of the UK, Isles and Northern Ireland. Please contact us to confirm costs to these areas. Non-payment within 7 days of the invoice will entitle us to charge interest at 5% above the base rate of our bankers.
2.3 The total cost of your order will be the price for the products and the applicable delivery charge (see below). The total cost will be displayed to you in your shopping basket before you submit your order.
2.4 Prices and products displayed are subject to availability and may change before (but not after) we accept your order. We will advise you of any change in the price or product and offer you the chance to cancel your order should such a change occur before we accept your offer.
2.5 In the event our product is listed at an incorrect price due to technical error or error in pricing information, Home Cinema UK shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. If your credit card has already been charged for the purchase and your order is cancelled, Home Cinema UK shall issue a credit to your credit card account in the amount of the incorrect price.
3. MERCHANDISE
3.1 Product specifications, images and other information published on our website have either been made accessible by suppliers, manufacturer's, publications, or publicists, as well as been gathered from public-domain sources. Our intention is to ensure that all information on the website should be as accurate and up to date as possible. We cannot guarantee the reliability or the accuracy of the information contained within the site.
3.2 Actions taken by the user of the website are the responsibility of the individual. Images, descriptive matter, specifications and advertising on our site are for the sole purpose of giving an approximate description of the goods. Full detailed specifications are available from the manufacturer's brochures or their websites.
4. DELIVERY
4.1 This Website is for delivery of products to customers located in mainland UK addresses only. There is an additional charge for remote areas of the UK. Orders can be processed and delivered to the Scottish Islands, Shetland, Orkney, Channel Islands, Isle of Man, Northern Ireland or any other geographical location outside mainland UK at additional cost.
4.2 Delivery charges and estimated delivery times are set out in our Delivery Policy. Time for and manner of delivery is not of the essence of the contract.
4.3 The products you order will be delivered to the delivery address provided when we take your order details in addition to other requisite details for the purposes of the transaction. It is your responsibility to ensure someone is available at this address to take delivery of the products you have ordered. It is your responsibility to ensure you retain the receipt enclosed with the products.
4.4 Deliveries Made By Carriers
4.4.1 You will be notified by email when your item is dispatched.
4.4.2 Carriers require a signature for most deliveries. Please make sure that somebody is available at your chosen delivery address to sign for your package. Note that we almost always use couriers to deliver home cinema stands, but sometimes use Royal Mail to deliver spare parts and other small items.
4.4.3 If your item is dispatched by Royal Mail recorded and you are not in to receive it, Royal Mail will leave a “while you were out” card. You can telephone the number on the card to arrange a redelivery or you can collect it from your local post or sorting office.
4.4.4 If your item is dispatched by courier, and you are not in to receive it, the courier will leave a “while you were out” card. You can telephone the number on the card to arrange a redelivery or you can collect it from the carrier's depot.
4.4.5 If you do not arrange a redelivery with a courier, they may automatically attempt a redelivery the next working day. The courier will only attempt 2 deliveries as standard. Further delivery attempts will be chargeable.
4.4.6 Any changes to the delivery address have to be made prior to us sending the package; thereafter a redelivery charge is applicable.
4.4.7 Please note that some changes in delivery arrangements with our carriers have to be requested through us and there may be additional charges payable by you.
4.5 The goods shall remain the property of Home Cinema UK until you have paid all sums due for them to us. (Until title to the goods passes to you, you hold the goods as bailee, and you must keep the goods separate and distinct from all other property and in good condition and stored in such a way as to be clearly identifiable as belonging to us and you will not cause or permit or suffer any labels, badges, serial numbers or other means of identification of the goods to be removed or obscured.)
4.6 You hereby grant Home Cinema UK, our agents and employees an irrevocable licence to enter any premises where the goods are stored in order to repossess them or inspect them at any time after cessation of your right to possession of the goods (i.e., if you fail to pay us the full sum due for the goods within any credit period agreed).
4.7 We are entitled to a general lien on all your goods in our possession (including goods which you have paid for) for the unpaid price of all goods sold to you by us.
4.8 Please note that, in accordance with conventional business practice, once you have signed for the goods, you are responsible for them. We would urge that before signing, you check that there are no obvious signs of damage and that the description of the goods described the paperwork matches the goods requested.
5. CANCELLATION, DAMAGE, AND RETURNS
5.1 Under the Distance Selling Regulations you have the right to cancel any item within 7 days of delivery provided you have taken reasonable care of the item (but see Term 5.7 herein below). You must give us written notice by email or letter to exercise this right of cancellation. Please obtain and keep evidence of having sent us notice (a copy email or certificate of posting, for instance) and return the item to us in new and unused condition in or with its original packaging and receipt. Please also use the return code we provide you with when you notify us that you are cancelling your order. (See term 5.3 herein below.)
5.2 In most circumstances, at our sole discretion we will accept cancellations and returns up to 14 days after delivery of your item, on the same terms as those set out herein for cancellations made within 7 days of delivery.
5.3 You must call and receive a return authorization number and shipping instructions prior to returning the product to us. We are not responsible for non-delivery of returned goods and it is recommended that you obtain proof of posting and/or delivery insurance as appropriate.
5.4 Please note that you have a duty under the Regulations to take reasonable care to ensure that we receive the returned goods and that the goods are not damaged in transit. If you fail to exercise reasonable care and the goods are damaged, we may have a claim against you for breach of this statutory duty. We will invoice you for any damage and pursue the claim in court if the invoice is not paid.
5.5 You will have to pay any and all return delivery costs for any item or order you cancel after receipt of it. We will not refund your return delivery costs unless the item is faulty or there is an error in the delivery.
5.6 If you fail to return the cancelled order item or items to us within a reasonable time (within one week of notifying us of cancellation, or as soon thereafter as is reasonably practicable), or if you return them to us at our expense, we are entitled to and will charge you for the direct cost to us of the return. In line with the Direct Selling Regulations, we will not make further charges including a restocking charge or an administration fee.
5.7 In line with the Distance Selling Regulations, your general right to cancel does not apply to any products that have been made or tailored to your specification or personalized at your request, or to those built to order at your request. Please note that a number of our products are affected by this, and that this covers products that have had modifications made to their software (by you or by us) to your specification and requirements and so applies to many of the products we offer for sale. If you have any queries about this, please ask us before you place an order with us.
5.8 On receipt of your notification of cancellation, the price of the products will be credited to your payment card as soon as possible within 30 days from the day you notify us in writing of the cancellation. Please note that under the Distance Selling Regulations you have a duty to take reasonable care of the goods throughout the cancellation period. Under the same Regulations, we have a right of action against you if you breach this duty of care.
5.9 We may cancel any contract at any time before the goods are delivered by giving notice to you and we shall not be liable for any loss, damage, or result whatsoever arising from such cancellation.
5.10 Your statutory rights are not affected by this cancellation and returns policy.
5.11 In the highly unlikely event that the goods you receive from us are faulty or incorrect, please notify us immediately and we will arrange for the item, part, or unit (as necessary) to be exchanged. In this instance, we will pay all shipping costs. You should inform us of any fault within 24 hours of receiving the goods.
5.12 Please note that if when we receive returned goods that you are say are faulty and on inspection they are not faulty, we will charge you for the direct cost of return delivery to us. In such cases we may also pursue other remedies to compensate for any additional loss suffered by us. This applies especially where the goods you say are faulty, but are not in fact faulty, have been made to order and/or customised for you, so that you do not have a right to return them (see term 5.7 herein above). In those circumstances, we are not required to accept return of the goods, and will not usually do so but will return them to you at your cost.
5.13 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 unavailable. If you do not wish to proceed with the order or for any reason we cannot supply the product, we will arrange for a timely refund.
5.14 Should there be any damage to the goods in transit, details must be noted on the delivery documentation.
5.15 It is your responsibility to sign for the correct number of packages as shown on the delivery documentation or carrier’s consignment note. Any shortages must be noted on the delivery notes. It is your responsibility to inform us within 24 hours of delivery. We will not take responsibility for goods after this period.
6. WARRANTY
6.1 Products ordered by you are supplied with the benefit of the relevant manufacturers’ warranty. It is your responsibility to use the product within the guidelines of this warranty.
6.2 To the full extent permitted by Law, Home Cinema UK excludes (i) all conditions, warranties and other terms that might otherwise be implied by law, (ii) any liability caused by a force majeure event, (iii) any obligation regarding effectiveness or accuracy, and (iv) other than liabilities that cannot be excluded or limited under the applicable law, any liability for any direct, indirect or consequential loss or damage incurred by you in connection with these Terms and this Website, including by your use or inability to use any information on this website, including but not limited to any loss of income or revenue, loss of business, loss of profits, contracts or savings, loss of data, goodwill and wasted time and for any other loss of damage of any kind, howsoever caused and even if foreseeable.
7. LIMITATION OF LIABILITY
7.1 Our total liability to you in contract, tort (including negligence), misrepresentation or otherwise arising out of or in connection with your order with us shall be limited to the price you have paid for the product you have ordered less any charges for insurance, packaging, delivery, postage; and
7.2 We will not be liable to you, in contract, tort (including without limitation, negligence) or otherwise howsoever in connection with this Website or products or services offered and purchased via this Website by us or on our behalf for any loss of revenue, profit, contract, business or anticipated savings or loss of data; or any loss of goodwill or reputation; or any special, indirect, or consequential losses.
8. REFUSAL OF TRANSACTION & ELIGIBILITY TO PURCHASE
8.1 We reserve the right to withdraw any products from this Website at any time and/or remove or edit any materials or content on this Website.
8.2 We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion.
8.3 We will not be liable to you or any third party by reason of our withdrawing any product from this Website whether or not that product has been sold; removing or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
9. FORCE MAJEURE
Neither of us shall be responsible for any event which is outside our reasonable control nor for any consequential loss arising from such an event.
10. ENTIRE AGREEMENT
This agreement supersedes any prior agreements or arrangements which may have subsisted between us, provided the information you have given to us is not incorrect or fraudulent.
11. WAIVER
No delay, indulgence or omission in exercising any right, power or remedy provided by these Terms or by law shall operate to impair or be construed as a waiver of such right, power or remedy or of any other right, power or remedy.
12. GOVERNING LAW AND ENFORCEABILITY
12.1 These Terms are governed by and construed in accordance with the laws of England and Wales, whose courts shall have exclusive jurisdiction in any proceedings brought against us. Home Cinemas UK reserves the right to bring proceedings for breach of these Terms in any relevant country.
12.2 In the event that any of these Terms are found to be illegal, invalid or unenforceable by any court or administrative body of competent jurisdiction, the rest of these Terms shall remain in full force and effect.
12.3 Nothing in these Terms excludes or limits our liability for personal injury, death or fraud or any liability which may not be excluded or limited as a matter of law.
