AND CONDITIONS OF
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
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
Limited & Co. KG
That owns and operates http://stores.ebay.co.uk/HiFi-Tower-Shop
Phone: + 44 (0) 870-383-0730
Fax: + 44 (0) 870-383-6459
VAT number: DE255970701
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
1.8 "Website" means http://stores.ebay.co.uk/HiFi-Tower-Shop
2.1 Nothing in these Terms and
Conditions shall affect the Buyer’s statutory rights as a
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.
3.1 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
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
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
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
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.
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.
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
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.
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
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.
8.1 Goods supplied within the
8.2 Goods supplied outside the
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
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
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
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
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.
a telephone call is not enough.
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: email@example.com . 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: firstname.lastname@example.org . 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.
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
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.
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
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.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by
and construed in accordance with the law of