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E-AV Terms & Conditions
The following are terms and conditions for the sale of goods that will
govern any contract for sale that we enter into with you. These Terms and
Conditions tell you the rights and obligations you have.
You may have other rights granted by law and these Terms and Conditions do
not affect these.
Please read these terms and conditions carefully.
E-AV's contact details
E-AV is the online trading name of Acoustic Arrangements.
The address is:
York Barn, Fenn Lane Barns, Upton, Nuneaton, Warwickshire, CV13 6BL You can telephone our local rate number on:
0845 125 9409
and fax us on:
0871 717 7324
If you need support or have any complaints about our service or any goods
or services you purchase from us please contact support@e-av.co.uk
or write to the address above
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Purchasing from us
To purchase from us you must be over 18 and resident in the United Kingdom.
We can ship to certain countries outside the United Kingdom on request.
By submitting your order you are offering to buy the goods and allowing us
to use your personal details for the purposes of supplying goods (including
passing your details onto couriers and other subcontractors). We will not
use your details for other purposes without asking your consent and you may
ask that your details be removed from our system by writing to the address
above.
We are not obliged to supply the goods to you until we have confirmed
acceptance of your order and this is when the contract is made. You do not
own the goods until we receive payment in full.
If you discover you have made a mistake with your order please contact us
immediately.
Goods and services, together with VAT, are invoiced at the price prevailing
at time of order. Prices are checked regularly, however if we find the price
has changed when we receive your order we will contact you and ask if you
wish to proceed. E-AV reserves the right to modify the products and prices
from time to time without prior notification.
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Damaged or defective goods
We will supply goods that are free from defects in materials and workmanship
for a period of 12 months (or longer if required by law) from the date of
delivery.
You should inspect the goods when you receive them for defects or damage.
If
you find a defect or damage you must tell us as soon as possible and we will
arrange for their return to the manufacturer or ourselves at no cost to you.
Product specifications
E-AV makes every effort to supply the goods as advertised but reserves the
right to vary actual dimensions, specifications and quantities without prior
notice. In the event that we cannot supply the goods ordered by the Customer
he or she may cancel the order and require any money paid to E-AV in respect
of that order to be refunded.
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Trade names and Trade Marks
Trade names and marks (other than E-AV's) are not always indications of
manufacturers but may also be indicative of general use systems and machines
associated with such products. In the case of component purchases, Customers
requiring a particular brand of product should check with us the
manufacturer of component it is proposed to supply.
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E-AV's liability
E-AV shall under no circumstances be liable for any consequential or
indirect damage or loss, however caused, including (but not restricted to)
loss of profits, loss of goodwill, damage to trading relationships, and
financial loss. E-AV's liability in respect of all other losses shall be
limited to the invoiced value of the relevant order.
Nothing in this agreement shall limit E-AV's liability for death or personal
injury caused by its negligence.
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Health and Safety
In accordance with the Health and Safety at Work etc Act 1974 and the
Consumer Protection Act 1987, E-AV confirms that the goods it supplies as
a
distributor do not present a hazard to health and safety when properly used
for the purpose for which they are designed and when the Customer takes
reasonable and normal precautions in their use.
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Force Majeure
Where, in spite of its reasonable efforts, E-AV is unable to perform an
obligation due to force majeure, it shall not be deemed to be in breach of
its contract with the Customer.
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Special Rules for Clearance Bargains
Goods sold as 'Clearance Bargains' are downgraded goods that E-AV is able
to
offer at a discount on the normal catalogue price. Stocks of goods offered
as Clearance Bargains are limited and such goods are sold subject to the
following special rules. These special rules apply in addition to, and in
the event of any conflict override, the other terms and conditions contained
herein.
Clearance Bargains are graded according to the condition of the goods that
are described at the point of sale. The length of the guarantee (if any)
with the benefit of which the goods are sold is specified in the description
of the relevant grade.
E-AV makes every effort to ensure that Clearance Bargains are sold on a
'first come, first served basis'. However, the customer accepts that the
goods may for some reason become unavailable at any time prior to delivery
in which case we reserve the right to rescind the contract. In the event of
the cancellation of the sale in these circumstances, E-AV's liability is
limited to the return of the purchase price paid by the customer.
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Errors and Omissions
We make every effort to ensure that all prices and descriptions quoted on
our website are correct and accurate. However, the frenetic tempo of
e-commerce makes it inevitable that mistakes will occasionally occur. In the
case of a manifest error or omission, E-AV will be entitled to rescind the
contract, not with standing that it has already accepted the Customer's
order, and E-AV's liability in that event will be limited to the return of
any money the Customer has paid in respect of that order.
A 'manifest error', as the term is used in sub-paragraph (1) above, means,
in relation to an incorrect price, a price quoted in error by E-AV which is
more than 10% less than the price that would have been quoted had the
mistake not been made.
Other information you need to be aware of:
We may not keep a copy of these Terms and Conditions and your order and so
we advise you to print a copy of them for your information in the future.
English law shall govern any contract between you and us and the courts of
England and Wales shall have non-exclusive jurisdiction over any dispute.
All dealings, correspondence and contacts between us shall be made or
conducted in the English language.
If you are a consumer you have the right, in addition to your other rights,
to cancel the contract and receive a refund.
This is important. Please read carefully
Please note your right to cancel does not apply to Software, Video or Audio
recordings that have been opened.
You have the right to cancel this contract for no reason at all and without
penalty.
To cancel this contract you must give us notice within 7 working days
starting on the day after the day you receive the goods from us in writing
to the address above, by fax or by e-mail.
We shall refund the total amount of money paid by you for the goods, less
any costs to collect the goods if required, within 30 days starting with the
day on which we receive a notice of cancellation in writing from you.
We would remind you that once you have notified us of your desire to cancel
the contract there is a legal requirement for you to take good care of the
goods. You must return the goods to us at your cost and we advise you to
ensure the goods are adequately insured during any return journey. If you
have not returned the goods within 14 days of cancellation or if requested
we can collect the goods from you at your cost.
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Use of the e-av web site
Any information found on the e-av web site and the products described in
it
are subject to change without notice.
Copyright in the web site, its design, layout, look, appearance and graphics
remain our property. The contents of the web site may be downloaded printed
or copied for personal use only.
The e-av web site contains links to other web sites. We accept no
responsibility or liability for the content of web sites that are not under
our control. It is not permitted to create a link to this web site without
our prior written consent.
We do not guarantee that the e-av web site will be compatible with all
hardware and software that may be used by visitors to the site. We will not
be liable for damage to, or viruses that may affect, your computer
equipment, software, data or other property as the result of your access to,
use of or browsing of this website or your downloading of any materials,
data, text or images.
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Returns Policy
E-AV is committed to providing our customers with the highest quality
products and service. However, on rare occasions products may be found to
be
faulty or defective and in keeping with our commitment to providing you with
excellent service, we offer the following returns facilities:
1. E-AV does not sell products on a trial basis, therefore customers are
strongly advised to check suitability and specifications of products before
ordering.
2. Unless otherwise stated in the manufacturer's documentation, all goods
delivered to UK mainland address carry a 12-month manufacturer's warranty.
Customers who wish to make a warranty claim must comply with the
manufacturer's instructions and warranty procedure. In order to expedite a
resolution to your problem, we may refer you to the product manufacturer who
will deal directly with the return. In these instances, we will provide you
with the contact information for the relevant manufacturer.
3. All returned goods must be accompanied by E-AV Returns Authorisation
number (RA) which can be obtained by contacting Customer Support on 0845 125
9409. Returned goods will not be accepted without an E-AV RA number. The RA
number must be clearly marked on the outer packaging not on the goods.
Failure to follow these instructions may result in delay and additional
costs.
" Our staff will advise you of which method of delivery to use to return
the
products. Depending on the nature of the product purchased, we will request
that you return the product to us directly or we will arrange a courier
collection of the product at your cost.
" If we have arranged for a courier collection of your product, we are
unable to specify the collection time, and it is your responsibility to
ensure that some one will be present when the courier arrives at the
collection address.
" If E-AV ask you to return it to us directly, please send it to the
address
stated below. Proof of postage is not necessarily proof of delivery and you
are therefore strongly advised to send your package by recorded delivery,
registered post or courier and to maintain sufficient insurance to cover the
value of the goods.
" E-AV cannot accept liability for packages damaged during transit. It
is
your responsibility to wrap the product adequately to prevent damage
happening.
4. These terms and conditions do not affect your statutory rights
5. Authorised product returns must be sent to: E-AV Online Audio-Visual,
York Barn, Fenn Lane Barns, Upton, Nuneaton, Warwickshire, CV13 6BL.
6. E-AV reserves the right to change or amend these terms and conditions at
any time and without prior notice.
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The Consumer Protection (Distance Selling) Regulations 2000
(1) Contracts for the purchase of goods by a Customer not acting in the
course of a business and made over the telephone or through the E-AV website
are, with the exception of certain excepted contracts, subject to The
Consumer Protection (Distance Selling) Regulations 2000 ("the Regulations").
(2) If the Regulations apply, Customers may cancel goods purchased from E-AV
by sending a notice of cancellation by post or hand delivery, or by e-mail
or fax.
(3) The notice of cancellation must be delivered within 7 days of the date
of delivery of the goods.
(4) The Customer will be responsible for the cost of returning the goods.
If
the Customer does not actually return the goods to E-AV, the Customer is
under a duty to make the goods available for collection from the address to
which they were delivered.
(5) The Customer is under a duty to retain possession of the goods whilst
they are awaiting return to E-AV and to take reasonable care of them during
this period.
Warranties and Returns
(1) E-AV is committed to providing our customers with the highest quality
products and service. However, on rare occasions, products may be found to
be faulty or defective, and in keeping with our commitment to providing
Customers with excellent service, we offer the returns facilities set out
below.
(2) All goods supplied by E-AV are warranted to be generally free from
defects in workmanship and materials and fit for the purpose for which such
goods would normally be used. Subject to this, however, goods are not tested
or sold as being fit for any particular application or for use under
specific conditions, unless expressly agreed in writing.
(3) Subject to the right of consumers to return goods for refund under The
Consumer Protection (Distance Selling) Regulations 2000, E-AV does not sell
products on a trial basis. Customers are strongly advised to check
suitability and specifications of products before ordering.
(4) In the event that E-AV, at its discretion, agrees to accept the return
for credit of unwanted products, the goods must be returned with E-AV's
prior agreement within 14 days of delivery. The goods must be unopened and
in perfect re-saleable condition. All goods returned in these circumstances,
will be subject to a handling fee of 15% of the goods value or £20,
whichever is the greater.
(5) Subject to testing in order to verify any alleged fault, we will accept
the return of defective computer products for full refund or replacement,
if, but only if, the goods are returned within 14 days of purchase.
(a) E-AV's Technical Support staff will advise you of which method of
delivery to use to return the products. Depending on the nature of the
product purchased, we will either arrange a courier collection of the
product, or request that you return the product to us directly. Where
appropriate, the cost of returning the item will be refunded to you.
Authorised product returns must be sent to: Returns, E-AV, York Barn, Fenn Lane Barns, Upton, Nuneaton, Warwickshire, CV13 6BL.
(b) All returned goods must be accompanied by E-AV's Returns Authorisation
number (RA) which can be obtained by contacting Customer Support on 0845 125
9409. Returned goods will not be accepted without an E-AV RA number. The RA
number must be clearly marked on the outer packaging, not on the goods.
Failure to follow these instructions may result in delay and additional
costs.
(c) E-AV cannot accept liability for packages damaged during transit. It is
the Customer's responsibility to wrap the product adequately to prevent
damage.
(d) Proof of postage is not proof of delivery and you are therefore strongly
advised to send your package by recorded delivery, registered post or
courier, and to maintain sufficient insurance to cover the value of the
goods.
(e) On receipt of the returned product, we will test it to identify the
fault you have notified to us.
(f) If following the testing process, the product is found to be in good
working order without defect, we will return the product to you, and the
carriage costs of this return will be your responsibility.
(g) This warranty shall not apply if the goods have been worked upon,
altered or damaged in any way by the Customer or its employees or agents,
or
to goods not used in accordance with the manufacturer's instructions.
(h) The failure of a product to be Year 2000 complaint does not constitute
a
defect in materials and workmanship.
(6) Unless otherwise stated in the manufacturer's documentation, all goods
delivered to UK mainland address carry a 12-month manufacturer's warranty.
Customers who wish to make a warranty claim must comply with the
manufacturer's instructions and warranty procedure. In order to expedite a
resolution of your problem, we may refer you to the product manufacturer who
will deal directly with the return. In these instances, we will provide you
with the contact information for the relevant manufacturer.
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