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Terms & Conditions

 

TERMS AND CONDITIONS OF SALE

 

OF

 

http://stores.ebay.co.uk/HiFi-Tower-Shop

 

1 DEFINITIONS

 

 

1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods and/or Services from the Supplier;

 

1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;

 

1.3 "Contract" means the contract between the Supplier and the Buyer for the sale and purchase of Goods and/or Services incorporating these Terms and Conditions;

 

1.4 "Goods" means the articles that the Buyer agrees to buy from the Supplier;

 

1.5 "Services" means the services that the Buyer agrees to buy from the Supplier;

 

1.6 "Supplier" means

 

HiFi-Tower Limited & Co. KG

Klarenbachstr. 1

10553 Berlin

Germany

 

That owns and operates http://stores.ebay.co.uk/HiFi-Tower-Shop

 

Phone: + 44 (0) 870-383-0730

Fax: + 44 (0) 870-383-6459

Mail: service@hifi-tower.co.uk

VAT number: DE255970701

Registration: HRA 40182 B

 

 

1.7 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Supplier;

 

1.8 "Website" means http://stores.ebay.co.uk/HiFi-Tower-Shop

 

  

 

2 CONDITIONS

 

 

2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.

 

2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods and/or Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.

 

2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.

 

2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.

 

2.5 Any special conditions applying to the provision of the Services are set out in the Schedule to this agreement.

 

2.6 Any complaints should be addressed to the Supplier's address stated in clause 1.6.

 

 

3 ORDERING

 

 

3.1 All orders for Goods and/or Services shall be deemed to be an offer by the Buyer to purchase Goods and/or Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier.

 

3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock, offered an alternative item with an amended price or cancel the order and receive a full refund within 28 days.

 

3.3 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described here.

 

3.4 The Buyer bares the responsibility to read and accept the Payment and Delivery terms listed here before accepting the Contract. The acceptance of the Payment and Delivery will be determined by the acceptance of the contract.

 

3.5 The Buyer must proceed through the Suppliers online checkout before proceeding with payment. The Buyer bares the responsibility to report any online technical issues with the Supplier to rectify any problem before any request to cancel.

 

3.6 The Buyer must select ‘Buy Now’ in the item listing in order to proceed through the Suppliers SSL secured checkout procedure and confirm the order. There are a total of four pages in which the Buyer will have to confirm the order details, delivery and contact details and payment method.

 

 

4 PRICE AND PAYMENT

 

 

4.1 The price of the Goods and/or Services shall be that stipulated on the Website. The price is inclusive of VAT. Where applicable, the price excludes delivery charges.

 

4.2 The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.

 

4.3 After the order is received the Supplier shall confirm by email the details, description and price for the Goods and/or Services together with information on the right to cancel if the Buyer is a Consumer.

 

4.4 Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of any Service or further deliveries of Goods until payment has been received.

 

4.5 The Supplier bares the responsibility to provide the Payment and Delivery Terms to the Buyer in a sufficient medium for the Buyer in full before dispatch of Goods and or commencement of Service.

 

4.6 If the Buyer is unclear on any Payment or Delivery terms, it is the responsibility of the Buyer to contact the Supplier before they accept the contract. The Supplier is not liable for any misunderstandings on the Buyers behalf of any Payment or Delivery terms.

 

4.7 The Payment and Delivery instructions are outlined here.

 

 

5 PERFORMANCE OF SERVICES

 

 

5.1 The Supplier will start performing the services within 24 hours of acceptance of contract.

 

5.2 The Supplier shall perform the Services with reasonable skill and care. However, where applicable, the Supplier does not guarantee that the Services will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all. The Supplier may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible.

 

 

6 RIGHTS OF SUPPLIER

 

 

6.1 The Supplier reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order.

 

6.2 The Supplier reserves the right to withdraw any Goods and/or Services from the Website at any time.

 

6.3 The Supplier shall not be liable to anyone for withdrawing any Goods and/or Services from the Website or for refusing to process an order.

 

6.4 The Suppliers online descriptions are as accurate as possible, as most are taken directly from the manufacturers manual or product literature. However, the Supplier will go to any reasonable lengths to compensate the Buyer on these grounds.

 

6.5 Most pictures are generic images of the item described. The Supplier will try to be as accurate as possible with the pictures used. The Buyer should note that the manufacturers do at times change the appearance of a product during its' manufacturing cycle. In this case the Supplier shall not be held liable.

 

 

7 AGE OF CONSENT

 

 

7.1 Where Goods and/or Services may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods and/or Services.

 

7.2 If the Supplier discovers that the Buyer is not legally entitled to order certain Goods and/or Services, the Supplier shall be entitled to cancel the order immediately, without notice.

 

 

8 DELIVERY

 

 

8.1 Goods supplied within the UK will normally be delivered within 3-5 working days on receipt of payment.

 

8.2 Goods supplied outside the UK will normally be delivered within 3-5 working days on receipt of payment.

 

8.3 The Supplier shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Supplier shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.

 

8.4 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

 

8.5 If the Buyer submits incorrect or inconsistent delivery information, the Supplier will attempt to correct any discrepancies. If the Supplier cannot correct discrepancies within reasonable measures, the Buyer will be contacted in due course for clarification. In this event, the Supplier is not liable for any time delay in the order.

 

8.6 Risk in the Goods shall pass to the Buyer upon delivery of the Goods.

 

8.7 It is the Buyers responsibility to check the consignment and within 48 hours notify the Supplier if any of the items supplied are not those ordered. After this period, mistakes cannot be rectified.

 

8.8 Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.

 

 

9 CANCELLATION

 

 

9.1 The Buyer may cancel any order for Goods for any reason up to the point of dispatch and any payments made by the Buyer shall be refunded within a reasonable time period.

 

9.2 If you are a consumer you have the right, in addition to your other rights, to cancel the Contract for Goods and receive a refund by informing the Supplier via email within 7 working days of receipt of the Goods. The right to cancel does not apply to contracts for the supply of software, audio or visual recordings if these have been unsealed by the Consumer.

 

9.3 Goods must be returned by the Buyer at the Buyer’s expense within 28 days of cancellation in the original packaging and should be adequately insured during the return journey. The Buyer will receive a refund for the item price paid for the Goods (excluding delivery charges and return postage charges). If the Buyer fails to return the Goods following cancellation, the Supplier shall be entitled to deduct the cost of recovering the Goods from the Buyer.

 

9.4 If the Buyer fails to take reasonable care of the Goods, they do not lose their right to cancel, but the Supplier may be able to offset the cost of any unreasonable damage against the refund due.

 

9.5 A consumer has a "cooling off" period of 7 working days and an unconditional right to cancel within that time. The Distance Selling Regulations require the Buyer to send a notice of cancellation in writing, including email or fax.

 

N.B a telephone call is not enough.

 

 

10 RETURN

 

 

10.1 The Buyer has the responsibility to inspect the Goods for signs of outward damage of the Goods prior to signing for them whilst in the presence of the courier. Failure to do this will result in a delay in the processing for replacements or refunds whilst the Supplier appeals to the transport company. And also may result in the claim being rejected by the transport company.

 

10.2 The Buyer must notify the Supplier via e-mail within 7 working days of delivery if the Goods are damaged or do not comply with any of the Contract at: service@hifi-tower.co.uk . If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods. Where a claim of defect or damage is made, the Goods shall be returned by the Buyer to the Supplier within 28 days of delivery. The Seller reserves the right to a rectification of defects upon the return of defective Goods. In the case that repair or replacement is proved impossible, the Buyer shall be entitled to receive a full refund (including delivery costs) plus any return postage charges of up to £10 if the Goods are in fact defective.

 

10.3 Goods to be returned must comply with the Suppliers return procedure. The Buyer must email the Supplier outlining the exact nature of the return request to: service@hifi-tower.co.uk . The Buyer must include all relevant information for the return including, invoice number, number of items, item identification number(s) and the reason for return. The Buyer has the responsibility to contact the Supplier in the event of a return request. Once the return request has been resolved by both the Supplier and the Buyer, the Buyer will receive a return slip via email. The Buyer has the responsibility to subsequently print the return slip and attach it clearly and securely to the return parcel(s).

 

10.4 The Buyer is in no way forced to complete the steps outlined in 10.3, however in the circumstance that the Buyer does not, it will result in the return procedure being delayed and subsequently will become complicated for both parties.

 

10.5 Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.

 

 

11 LIMITATION OF LIABILITY

 

 

11.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and/or Services and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.

 

11.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier’s agents or employees.

 

 

12 WAIVER

 

 

No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

 

 

13 FORCE MAJEURE

 

 

The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations.

 

 

14 SEVERANCE

 

 

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

 

 

15 CHANGES TO TERMS AND CONDITIONS

 

 

The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

 

 

16 GOVERNING LAW AND JURISDICTION

 

 

These Terms and Conditions shall be governed by and construed in accordance with the law of Germany and the parties hereby submit to the exclusive jurisdiction of the German courts.



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