PART II
a) Payment and Price
• We shall not be bound to deliver the goods until you have paid for them. Payment shall be due when the agreement is made between us. Time for payment shall be of the essence. The price due from you is the price indicated as inclusive of value added tax.
b) Delivery
UK Mainland Delivery.
All mainland UK addresses with the exception of the following areas:
Northern Ireland
Islands and Scottish Highlands
(Islands and Scottish Highlands means all addresses within the postcode areas beginning with PH19-44, 49, 50, IV, KW, PA20-88, ZE, KA27 & KA28, HS and all addresses within the Isle of Man, Isle of Wight, and the Isles of Scilly)
• We will try to deliver the goods to you within the time estimated for delivery.
• If we are unable to do so, we reserve the right to deliver them within 30 days beginning with the day after the day of the agreement between us.
• If we are unable to deliver the goods to you within 30 days beginning with the day after the day of the agreement:
1. we shall inform you by e-mail ;
2. we shall make a further offer to you by e-mail to sell you the goods of the specification and description at the price stated in the e-mail and will state the period for which the offer or the price remains valid ;
3. unless you accept the offer we will reimburse any sum paid by you or on your behalf under or in relation to the agreement within a period of 30 days beginning with the day after the day on which the time for delivery expired.
c) Your right of cancellation
• The rights of cancellation set out below apply to any agreement between you and us save insofar as the agreement is in respect of computer software if it is unsealed by you.
• You have a right to cancel the agreement at any time before the expiry of a period of 7 working days beginning with the day after the day on which you receive the goods.
• You may cancel by giving us notice in any of the following ways:
1. by a notice in writing which you leave at our address (given above);
2. by a notice in writing which you send by post to our address (given above);
3. by fax to our business fax number (given above);
4. by electronic mail to our electronic mail address (given above);
and the notice shall operate to cancel the agreement between us.
• If you cancel the agreement :
1. you must return the goods to us at the address given above ;
2. the goods must be returned to us complete (please note the definition of goods given above) ;
3. you are responsible for the cost of returning the goods to us at the address given above ;
4. you are under a duty to take reasonable care of the goods (including reusable packaging, manuals etc) until they are returned to us ;
5. you are under a duty to take reasonable care to see that they are received by us and not damaged in transit ;
6. we will reimburse any sum paid by you or on your behalf under or in relation to the agreement including the costs of carriage and any insurance which you directed us to incur.
7. we will charge you the direct costs to us of recovering any goods supplied by us if you fail to return the goods to us.
d) Our right of cancellation
• If for reasons beyond our reasonable control, including but not limited to an inability or failure on the part of the manufacturers or suppliers of the goods to supply the goods to us, we are unable to supply the goods to you, we may cancel the agreement at any time before the goods are delivered by giving notice to you. We shall promptly repay to you any sums paid by you or on your behalf under or in relation the agreement. We shall not be liable for any other loss or damage whatever arising from such cancellation.
e) Statutory rights
• Your right of cancellation is in addition to your other statutory rights.
• The after sales service and guarantees and the voluntary code for the return of goods by you to us mentioned below do not affect your statutory rights.
f) Guarantees and after sales service
• We guarantee that the goods will correspond with the stated description and specification.
• We guarantee that the goods will be of satisfactory quality when delivered by our carrier.
• We operate a voluntary code which appears below for the return of goods which have failed to meet your expectations.
• Subject to you complying with the voluntary code for the return of goods we guarantee that the goods will remain of satisfactory quality in normal use for 3 months following delivery and will refund the cost of the goods or credit the cost of the goods or replace the goods in accordance with timescale for return of the goods set out in the voluntary code.
• The terms of any manufacturer’s guarantee and after sales service will be included within the documents accompanying the goods.
• We are willing to provide advice to you in accordance with the conditions below.
g) Advice given by us to you
• We are always prepared to offer advice about the goods including advice about installation, compatibility, configuration, and product upgrades.
• We know the general purpose for which you require our goods and we will take reasonable care when giving you any advice.
• Without knowing the particular application for which you require our goods and the exact specification and configuration of any existing system into which you intend to install our goods we cannot and do not warrant the suitability of any of our goods for your particular purpose.
• We do offer a service whereby we will install our goods into your existing vehicle. If you ask us to do that, we can warrant the suitability of the goods installed by us.
h) Your responsibilities
• It is your responsibility to ensure compatibility of any goods offered for sale by us both with the existing components within your system and with any other goods offered for sale by us.
• It is your responsibility to ensure proper installation of our goods into your existing system.
• It is your responsibility to ensure that wherever necessary you access the manufacturers web site to download any necessary product upgrades (including drivers and manuals).
Voluntary code for the return of goods by you to us
This code only applies as between you and us if you are a consumer. This code is intended to promote good relations between you and us. The code is entirely voluntary and does not affect your statutory rights.
IMPORTANT: In individual circumstances the provisions of the voluntary code may be more or less favourable to you than your statutory rights. You are free to withdraw from the operation of the code at any time and pursue your statutory rights. If you are in any doubt about your statutory rights you may wish to consult a solicitor or your local citizens advice bureau.
The Code
We recognise that goods supplied by us to you may not meet your expectations. In our experience there are many reasons why that may happen. Examples of those reasons include a defect in the goods at the point of delivery to you.
We are not able to establish why the goods have failed to meet your expectations without an opportunity of inspecting and testing the goods.
In any case where the goods fail to meet your expectations we invite you to return them to us with an explanation of the problem.
In any case where we agree that the problem has arisen because of a defect in the goods at the point of delivery to you:
1. we will refund the cost of the goods to you if returned within 28 days of the date of delivery.
2. in any other case we will replace the goods or provide you with a credit for the cost of the goods.
In any other case, we will try to assist you in resolving the problem.
Depending upon the age and condition of the goods, we may be prepared to accept the return of the goods subject to a restocking charge and refund or credit the balance of the costs of the goods.
In every case where you return goods upon the basis that there was a defect in the goods at the point of delivery to you we will inspect and test the goods.
1. Insofar as it may be established that there was no defect in the goods at the point of delivery to you, we reserve the right to charge you £15 as a contribution towards the cost of inspecting and testing the goods.
2. Insofar as the age or condition of the goods is such that we are unable to accept their return, we will redeliver the goods to you. You agree to pay to us the reasonable cost of re-delivering the goods to you.
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