Photosound Vantage Ltd – Terms and Conditions
Photosound Vantage Ltd,
20 Bridge Street,
01279 651 434
Company Number: 01260947
VAT Number: 214 9806 58
1. Status of Terms
1.1 These terms constitute a legal document (“the Agreement”), which sets out the rights and obligations of you as a purchaser (“you”), and those of Photosound Vantage Ltd (“Photosound”, “we” or “us”), in relation to the services and products offered by us through this site or any of the other sites owned by us. By registering for Photosound services, you agree to the terms of this Agreement, and you re-affirm that agreement every time you use any of our services.
1.2 You agree to:
1.2.1 provide true, accurate, current and complete information about you as prompted by our registration form (such information being the “Registration Data”); and
1.2.2 maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Photosound has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Photosound has the right to suspend or terminate your account, cease supply and refuse you any and all current or future use of the Photosound site (or any portion of it).
2. Place of performance and applicable law.
Photosound Vantage Ltd is a company registered in England. Unless otherwise specified, the materials on this site are directed solely at those who access this site from the United Kingdom mainland. Photosound makes no representation that any product referred to in the materials on this site is appropriate for use, or available, in other locations. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable. English law shall govern this Agreement.
You and we each submit to the exclusive jurisdiction of the English courts in relation to disputes arising out of this Agreement.
3. Placing an order
3.1 A notice will be displayed on your web browser before you submit an order with Photosound. This contains important information such as a description, price and delivery charges of the good or services ordered. Photosound suggests that you print off a hard copy of the notice or save a copy to your hard drive for your own records.
3.2 Goods supplied to you by Photosound will correspond with their prices and description (subject to E & OE). If at any time this is not the case Photosound will give you the right to reject the goods within a reasonable time period for a full refund.
3.3 In the unlikely event that an incorrect price is shown on our website. Photosound reserves the right to abstain from fulfilling the order at that price. You will of course be notified, and at which point you will be informed of the correct price, and given the choice to proceed with the order.
4. Returns Policy
Subject to the right of Consumers to return goods for refund under The Supply of Goods and Services Act and Distance Selling Regulations, Photosound does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before ordering.
You have the right to cancel your purchase at any time either before or up to 7 days following the day you receive the goods by:
e-mailing us at firstname.lastname@example.org stating your name, a description of the goods or services concerned and the order number of the cancelled order, or
phoning us on 01279 651434 (Monday to Saturday from 9am to 5:30pm excluding public holidays) – please have your order reference number and delivery details to hand.
4.2 If you exercise your right to cancel your order after the goods have been despatched, you will be responsible for returning the goods to Photosound at your own risk and cost, therefore, we strongly recommend you use an insured delivery method such as Royal Mail Special Delivery. All returns are subject to the following conditions, except where the goods are faulty or incorrectly described on the website.
Your product must be complete and in ‘as new’ condition (e.g. if you have opened the box to examine the product you must have done so without damaging or marking the product or packaging).
It must not have been used or installed. It should be returned with the original box, packing and accessories you received with it.
Software, memory cards, DVDs, and Pre-recorded videotapes can only be accepted if still sealed. This policy is to avoid any potential breach of the Copyright Descriptions and Patent act (CDPA) 1988. All opened software is exempt from return under the terms of the distance Selling Regulations (SI2334/2000). Software that arrives damaged or is physically faulty may be returned under our normal returns policy.
This offer does not apply to film, developing or printing services.
A proof of purchase must be supplied.
You must return any free gifts which came with the product.
We will not refund any items that have been specially ordered to your individual specification or personalised.
Goods returned outside the 7 days cancellation period (but within 28 days of receipt) that can not be re-sold as new will only be refunded to their mail order return value and a credit note may be issued.
Where we have made a charge for postage, this will be deducted from your refund if the goods have been despatched to you.
4.3 You cannot cancel your purchase when:
the seal has been broken on any videotapes, DVDs, CDs, memory cards, or software; or
the goods were a special order to your specification; or 7 days has elapsed following receipt of the goods. Until such time as you return the goods to us you must take reasonable care of the item(s) and not use them. Any use of the delivered goods beyond that necessary to inspect the goods upon delivery will invalidate your right to cancel the contract.
4.4 Authorising the Return
You must prior to returning any goods received, contact our Customer Services on 01279 651434 or e-mail us at email@example.com stating your name, a description of the goods or services concerned and the order number of the cancelled order. Failure to do so will result in a delay in processing your refund or the product being returned to you.
All authorised returns must be returned to Photosound, Returns Dept, 20 Bridge Street, Bishop’s Stortford, Herts CM23 2JY.
4.5 Faulty or incorrectly described Goods
You will always have the option of an exchange or refund if the fault occurs within 7 days of delivery. If there is a fault with your product after 7 days but within the warranty period, we will usually offer a repair only. In all cases we reserve the right to inspect the product and verify the fault and, if no fault is found return the product to you. No refund will be processed until the returned goods have been received by ourselves and an appraisal made as to any fault.
4.6 To qualify for a refund or exchange the products must be:
in otherwise “as new” condition; and
complete with any accessories and free gifts offered with it, and the original box and packaging and warranty).
4.7 All monies for authorised returns will be refunded within 30 days of receipt of your returned goods.
4.8 This promise does not cover faults caused by accident, neglect, misuse or normal wear and tear.
4.9 THIS RETURNS POLICY DOES NOT AFFECT YOUR LEGAL RIGHTS. DETAILS OF YOUR LEGAL RIGHTS ARE AVAILABLE FROM THE CITIZEN’S ADVICE BUREAU OR CONSUMER DIRECT.
5.1 Photosound shall not be liable to any person for any loss or damage, which may arise from the use of any of the information contained in any of the materials on this site. Photosound will only be liable for consequential losses within the contemplation of the parties.
5.2 Certain links in this site (typically a banner advert or icon) will lead to sites, which are not under the control of Photosound. When you activate any of these you will leave the Photosound site and Photosound has no control over and will accept no responsibility or liability for the material on any site, which is not under the control of Photosound.
6. Limitation of Liability
6.1 Nothing in this Agreement shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud of Photosound.
6.2 Subject to clause 6.1, you agree that Photosound shall not be liable either in contract, tort, negligence, statutory duty or otherwise, for any direct loss or damage (including loss or damage which is reasonably foreseeable or occurs naturally in the course of things) resulting from any acts, omissions, failures or delays occurring on or in relation to those parts of the Internet not under Photosound’s direct control including, without limitation, damage for loss of business, loss of sales, non payment of sums due, loss of profits, business interruption, loss of reputation, loss of business information, or any other pecuniary loss (even where Photosound has been advised of the possibility of such loss or damage).
6.3 The only liabilities that Photosound can exclude are those arising from the following.
6.3.1 In cases where losses were not foreseeable to both parties when the contract was formed.
6.3.2 Where losses were not caused by any breach on the part of Photosound.
6.3.3 For any business losses, and/or losses to non-consumers.
Orders are normally dispatched within two working days for next day delivery (weekends incur extra charge). We guarantee all orders will be received within 30 days. If Photosound cannot delivery within 30 days you will be notified immediately to arrange another time for delivery, or if you would prefer, to cancel your order. For a complete explanation of delivery charges please see delivery details page.
8. 1 Complaints handling procedure In the unlikely event that you have any complaints as to our service or any of the goods and services supplied to you from our site, please contact us by either:
Phone: 01279 651434
Fax: 01279 655780
or write to:
20 Bridge Street
Herts CM23 2JY
All complaints are taken seriously and will be investigated as soon as they are brought to our notice. We will endeavour to rectify any problems as soon as possible.
All designs, text, graphics and their selection and arrangement on this site are the copyright of Photosound or its content providers. As a visitor to the Photosound site you are licensed to copy electronically or to print portions of this site for your own personal, non-commercial use. Any other use of materials on this site without Photosound’s prior written consent is strictly prohibited.
10.1 Intellectual property rights in any software or any other copyrighted materials (“Software”) and supporting documentation supplied by us to you remain our property or that of our licensors.
10.2 Without our written consent and without affecting any applicable statutory rights under the Copyright (Computer Program) Regulations 1992 (as amended, supplemented or replaced from time to time) you shall not and shall not permit any other person to:
10.2.1 disassemble, reverse engineer, decompile or in any other way interfere with the Software;
10.2.2 copy or modify the Software; or
10.2.3 create any new Software partly or wholly based on the Software.
10.3 Subject to the terms of this Agreement, you are licensed to use the Software and associated documentation non-exclusively, but only for the purposes identified on the site in relation to the Software.
10.4 You must not transfer, assign or sub-license your right to use the Software or attempt to do so.
10.5 Software Returns – See section 4.7
11. Matters Beyond our Reasonable Control
Photosound shall not be held liable for any breach of this Agreement caused by circumstances out of its control including, but not limited to, Acts of God, fire, lightening, flood, or extremely severe weather, explosion, war, disorder, flood, industrial disputes (whether or not involving our employees), acts or omissions of Internet services providers or acts of local or central Government or other competent authorities.
In the event of conflict or inconsistency between the terms of the English language version of this Agreement and any translation provided by us, the English language version shall prevail.
Site Security The entire checkout process for the Photosound web site is held on a secure server using a verified SSL (secure socket layer) system for transferring data. If you click on the small padlock symbol at the bottom of your browsers screen you will be taken to this sites security certificate. If you have any concerns regarding the security of this site please inform us at firstname.lastname@example.org