CABLESTAR LIMITED
CONSUMER TERMS OF SALE PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING
YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE
1. Format of the Contract
1.1 These terms of sale apply to all goods supplied by Cablestar Limited, whose
registered office is at 43 Bridge Road Grays Essex registered in England and
Wales No. 05357590 (the "Supplier").
1.2 No contract exists between you and the Supplier for the sale of any goods
until the Supplier has received and accepted your order.
1.3 An acceptance of your offer to buy the goods will be sent shortly after
your order. However, we do have the right to terminate the contract in the
event that the goods are unavailable, mis-priced or cleared funds are not received.
1.4 The contract is subject to your right of cancellation (see below).
1.5 The Supplier may change these terms of sale without notice to you in relation
to future sales.
2. Description and price of the goods
2.1 The description and price of the goods you order will be as shown on the
Supplier´s website at the time you place your order.
2.2 The goods are subject to availability. If on receipt of your order the
goods you have ordered are not available in stock we will not accept your order.
If after acceptance or job order the Supplier discovers within [7 working days]
of our acceptance of your order that the goods are unavailable we may terminate
the contract and refund or re-credit you for any sum that has been paid by
you or debited from your credit card for the goods.
2.3 Every effort is made to ensure that prices shown on the Supplier´s
website are accurate at the time you place your order. If an error is found
within 14 days of accepting your order, the Supplier will inform you as soon
as possible and offer you the option of reconfirming your order at the correct
price, or cancelling your order. If the Supplier does not receive an order
confirmation within 14 days of informing you of the error, the order will be
cancelled automatically. If you cancel the order, or if the order is cancelled
automatically due to the expiry of the 14 day period, the Supplier will refund
or re-credit you for any sum that has been paid by you or debited from your
credit card for the goods.
2.4 In addition to the price, you may be required to pay a delivery charge
for the goods.
2.5 We reserve the right to discontinue or change product specification, or
price without prior notice. We also reserve the right to offer products in
other sales channels and auctions. If for any reason the item is out of stock
(e.g sold in another auction or website) you will be offered a suitable alternative
item with equivalent or greater value, or a refund will be offered if the item
cannot be despatched within 7 working days.
2.6 All products supplied against our terms and conditions. It is acknowledged
that all trademarks, tradenames and product names used are the property of
their respected companies/owners. All dimensions are approximate and pictures
are for illustration purposes only. Colours may vary. All goods remain the
property of Cablestar until paid for in full including any applicable delivery
costs.
3. Payment
3.1 Payment for the goods and delivery charges can be made by any method shown
on the Supplier´s website at the time you place your order. Payment shall
be due before the delivery date and time for payment shall be a fundamental
term of this agreement, breach of which shall entitle the Supplier to terminate
the contract immediately.
3.2 There will be no delivery until cleared funds are received.
3.3 Payments shall be made by you without any deduction whatsoever unless you
have a valid court order requiring an amount equal to such deduction to be
paid by the Supplier to you.
4. Delivery
4.1 The goods you order will be delivered to the address you give when you
place your order, except that some deliveries are not made outside the United
Kingdom.
4.2 Orders placed before 3.00 pm on a working day will usually be processed
that day and will be delivered as per the requested delivery option provided
no additional security checks are required and all stock items are available.
(A working day is any day other than weekends and bank or other public holidays.)
4.3 If delivery cannot be made to your address for reasons under the Supplier´s
control the Supplier will inform you as soon as possible.
4.4 If you deliberately fail to take delivery of the goods (otherwise than
by reason of circumstances under control of the Supplier) then without prejudice
to any other right or remedy available to the Supplier , the Supplier may:
4.4.1 store the goods until actual delivery and charge
you for reasonable costs (including insurance) of storage; or
4.4.2 sell the goods at the best readily obtainable
price and (after deducting all reasonable storage and selling expenses) account
to you for any excess over the price you agreed to pay for the goods or charge
you for any shortfall below the price you agreed to pay for the goods.
4.5 If you fail to take delivery because you have cancelled your contract under
the Distance Selling Regulations the Supplier shall refund or re-credit you
within 30 days for any sum that has been paid by you or debited from your credit
card for the goods. On exercising your right to cancel you shall be required
to return the goods to the Supplier. Should you fail to return the goods, the
Supplier reserves the right to deduct any direct costs incurred by the Supplier
in retrieving the goods as a result of such failure.
4.6 Every effort will be made to deliver the goods as soon as possible after
your order has been accepted. However, the Supplier will not be liable for
any loss or damage suffered by you through reasonable or unavoidable delay
in delivery. In this case, the Supplier will inform you as soon as possible.
4.7 Upon receipt of your order you may be asked to sign for the goods received
in good condition. If the package does not appear to be in good condition then
please refuse the delivery. If you are unable to check the contents of your
delivery at the point of delivery then please sign for the parcel as "UNCHECKED".
Failure to do so may affect any warranty claims that you make thereafter.
5 Risk/Title
5.1 The goods are at your risk from the time of delivery.
5.2 Ownership of the goods shall not pass to you until the Supplier has received
in full (in cash or cleared funds) all sums due to it in respect of:
5.2.1 the goods, and
5.2.2 all other sums which are or which become due
to the Supplier from you on any account.
5.3 The Supplier shall be entitled to recover payment for the goods even though
ownership of any of the goods has not passed from the Supplier.
6. Title for Business Customers
6.1 If you are a business customer until ownership of the goods has passed
to you, you must:
6.1.1 store the goods (at no cost to the Supplier)
separately from all your other goods and goods of any third party in such a
way that they remain readily identifiable as the Supplier´s property;
6.1.2 not destroy, deface or obscure any identifying
mark or packaging on or relating to the goods; maintain the goods in satisfactory
condition and keep them insured on the Supplier´s behalf for their full
price against all risks to the reasonable satisfaction of the Supplier. On
request you shall produce the policy of insurance to the Supplier; and
6.1.3 hold the proceeds of the insurance referred to
in condition 6.1.2 on trust for the Supplier and not mix them with any other
money, nor pay the proceeds into an overdrawn bank account.
6.2 If you are a business customer your right to possession of the goods shall
terminate immediately if:
6.2.1 you have a bankruptcy order made against you
or make an arrangement or composition with your creditors, or otherwise take
the benefit of any statutory provision for the time being in force for the
relief of insolvent debtors, or (being a body corporate) convene a meeting
of creditors (whether formal or informal), or enter into liquidation (whether
voluntary or compulsory) except a solvent voluntary liquidation for the purpose
only of reconstruction or amalgamation, or have a receiver and/or manager,
administrator or administrative receiver appointed of its undertaking or any
part thereof, or a resolution is passed or a petition presented to any court
for your winding up or for the grant-ing of an administration order in respect
of you, or any proceedings are commenced relating to your insolvency or possible
insolvency; or
6.2.2 you suffer or allow any execution, whether legal
or equitable, to be levied on your property or obtained against you or you
are unable to pay your debts within the meaning of section 123 of the Insolvency
Act 1986 or you cease to trade; or
6.2.3 you encumber or in any way charge any of the goods.
7. Your right of cancellation
7.1 You have the right to cancel the contract at any time up to 14 days after
you receive the goods (see below). Please note that this policy has some limitations
and does not apply to business customers.
7.2 To exercise your right of cancellation, you must give written notice
to the Supplier by hand, post or email, giving details of the goods ordered
and (where appropriate) their delivery. Notification by phone is not sufficient.
7.3 Except in the case of faulty or misdescribed goods, if you exercise your
right of cancellation after the goods have been delivered to you, you will
be responsible for returning the goods to the Supplier at your own cost. The
goods must be returned to the address shown within the Returns on Line section
of the website. You must take reasonable care to ensure the goods are not damaged
in the meantime or in transit. In the case of faulty or misdescribed goods
we shall, after receiving notification in accordance with clause 8.3 or 8.4,
either collect the goods from you or ask you to return the goods yourself and
possibly refund you the reasonable postage costs.
7.4 Once you have notified the Supplier that you are cancelling the contract,
the Supplier will refund or re-credit you within 30 days for any sum that has
been paid by you or debited from your credit card or PayPal account for the
goods.
7.5 Except in the case of faulty or misdescribed goods, if you do not return
the goods as required, the Supplier may charge you a sum not exceeding the
direct costs of recovering the goods.
7.6 You do not have the right to cancel the contract if the order is for computer
software which has been unsealed by you, or for consumable goods which, by
their nature, cannot be returned, save where a fault is discovered which could
not have been discovered otherwise than by unsealing the goods.
8. Warranty
8.1 All goods supplied by the Supplier are warranted free from defects for
12 months from the date of supply (unless otherwise stated). This warranty
does not affect your statutory rights as a consumer.
8.2 This warranty does not apply to any defect in the goods arising from fair
wear and tear, wilful damage, accident, negligence by you or any third party,
use otherwise than as recommended by the Supplier, failure to follow the Supplier´s
instructions, or any alteration or repair carried out without the Supplier´s
approval.
8.3 If the goods supplied to you are damaged on delivery, you should
notify the Supplier in writing via the enotes section of the website within
7 working days. (Please note that this is 48hrs for our business customers)
8.4 If the goods supplied to you develop a defect while under warranty
or you have any other complaint about the goods, you should notify the Supplier
in writing via email, as soon as possible, but in any event within 14 days
of the date you discovered or ought to have discovered the damage, defect or
complaint.
9. Limitation of Liability
9.1 Subject to 9.2 below, if you are a consumer the Supplier shall not be liable
to you for any loss or damage in circumstances where:
9.1.1 there is no breach of a legal duty owed to you
by the Supplier or by its employees or agents;
9.1.2 such loss or damage is not a reasonably foreseeable
result of any such breach;
9.1.3 any increase in loss or damage resulting from
breach by you of any term of this contract.
9.2 Nothing in these conditions excludes or limits the liability of the Supplier
for death or personal injury caused by the Supplier´s negligence or fraudulent
misrepresentation.
9.3 The supplier limits its liability to the product supplied and is in no
way responsible for any third party products used in conjunction with products
supplied by Cablestar. If a Cablestar supplied product is found to be defective
or faulty we will only replace or refund the product supplied. Cablestar cannot
be held responsible for loss of data, music, or damage to any third party product
or equipment, or property. 9.4 If you are a business customer the Supplier shall not be
liable to you for any indirect or consequential loss or damage (whether for
loss of profit, loss of business, depletion of goodwill or otherwise), costs,
expenses or other claims for consequential compensation whatsoever (howsoever
caused) which arise out of or in connection with this agreement.
10. Data Protection
The Supplier will take all reasonable precautions to keep the details of your
order and payment secure but unless the Supplier is negligent, the Supplier
will not be liable for unauthorised access to information supplied by you.
11. Images
Product images are for illustrative purposes only and may differ from the actual
product. We will endeavour to ensure that what you see is what you get however
in cases that this is not possible we will supply a suitable alternative.
These terms of sale and the supply of the goods will be subject to English
law and the English courts will have jurisdiction in respect of any dispute
arising from the contract, save that consumers resident in Scotland shall have
the right to insist upon these terms being construed in accordance with the
laws of Scotland and to submit to the jurisdiction of Scottish courts.
Cablestar Limited
Hannah House
Willow Place
Hastingwood
Essex
CM17 9JH
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