Terms and Conditions
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- 1.1 The following terms and conditions set out the basis on which all goods and services are sold by B&S Underwood Limited trading as Underwood Audio ("We", "Us", "Our"), to the purchaser, ("You", "Your"), from Our website http://www.underwoodaudio.co.uk ("the Site").
- 1.2 These terms and conditions, together with any order form or payment instructions comprise the whole agreement between You and Us in relation to each order for goods that We accept from You.
- 1.3 All purchases of goods from the Site by Us will be governed by these terms and conditions to the exclusion of any other terms.
- 1.4 By browsing the Site or submitting an order You agree to be bound by these terms and conditions.
- 1.5 By placing an order you acknowledge that You have not relied on any statement, warranty or representation other than those which are made in these terms and conditions, any order form or any payment instructions.
- 2.1 All orders for goods are subject to availability.
- 2.2 All orders for goods are subject to acceptance by Us and may be withheld at our absolute discretion.
- 2.3 Any advice or recommendation given by Us that You follow or act upon is done entirely at Your own risk.
- 2.4 The quantity, quality and description of any specifications for the goods shall be those set out on the Site but You should be aware that the images appearing on the Site are not always accurate. We reserve the right to correct errors and omissions in price or other information at any time and without any liability.
- 3.1 The delivery of goods shall be subject to payment by You of the delivery charges specified on the Site which may be changed by Us at Our discretion.
- 3.2 Due to limited availability of some of the goods We sell, a particular item may be out of stock. We accept no liability for delays caused by goods being out of stock.
- 3.3 Times to despatch shown on the website are an estimate only. We shall not be liable for delays caused by matters outside Our control.
- 3.4 Estimated dates for delivery will be advised but please allow up to 7 days for delivery to the United Kingdom. In stock items will generally be despatched within 24 hours but some out of stock goods may take longer.
- 3.5 We will notify You if there will be a delay or if certain goods are no longer available. If the item is no longer available, we reserve the right to offer you an alternative, similar in price.
- 4.1 Your order will be dispatched once payment has been made in full.
- 4.2 All Payments made to us by yourselves the customer are to be made through Paypal's online payment system.
- 4.3 All prices listed on the Site are subject to change without prior notice to reflect any increase in the cost to Us. We shall use reasonable endeavours to draw your attention to any such increase in price before shipping the ordered goods.
- 4.4 All prices displayed for goods on the Site are in GBP pounds sterling and include VAT (where applicable).
- 4.5 We will take all reasonable care, in so far as it is in Our power to do so, to keep the details of Your order and payment secure, but in the absence of negligence on Our part we cannot be held liable for any loss You may suffer if a third party procures unauthorised access to any data You provide when accessing or ordering from the Site.
- 5.1 Property in the goods shall pass to You upon clearance of Your payment.
- 5.2 Once the goods have been delivered to You all risk of damage to, or loss of, the goods shall pass to you.
- 5.3 Irrespective of delivery and the passing of risk in the goods, or any other provision of these conditions, the ownership of the goods shall not pass to You until We have received in cash or cleared funds payment in full for the price of the goods and all other goods agreed to be sold by Us to You for which payment is then due. Until such time as the ownership of the goods passes to You, We shall be entitled to ask You to return the goods to Us.
- 5.4 We own or are licensed to use all the intellectual property rights, (including copyright works and trade marks), embodied in all text, pictures and coding used in the Site and in Our promotional materials.
6 Warranties and Liability
- 6.1 To the extent permitted by law, We exclude all liability for the content of any websites which link into this site.
- 6.2 All goods supplied conform to all relevant UK and European safety standards.
- 6.3 We do not accept any liability for any failure or non-availability of the Site.
- 6.4 We do not represent or warrant that the information on the Site is accurate, complete or current.
- 6.5 We do not accept, and hereby exclude to the fullest extent permissible under law, any liability for indirect or consequential loss or damage or for any loss of data, profit, revenue or business however caused. Nothing in these terms and conditions shall be construed as excluding or limiting liability for death or personal injury caused by negligence or for fraud or for anything else that can not be excluded by law.
- 6.6 Subject to clause 6.5, Our maximum liability shall be limited to the price paid for the goods supplied under these terms and conditions.
7 Cancellation, Return and Refund
- 7.1 We hope you will be completely satisfied with your purchases from Us, but if You wish to return an item to Us, We aim to make it as convenient as possible. Any item may be returned for any reason within 14 days from the date of receipt for a full refund, as long as it remains unused and in as new condition with all packaging and labels intact. You must inform us within 7 days of receipt of the goods that You are returning them and indicate the reason for return.
- 7.2 If an item that You purchased from Us is faulty when delivered please contact Us. We will replace the defective goods free of charge or if You choose not to have a replacement You are entitled to a full refund of the price of the product (or a proportionate part of the price). Your statutory rights are unaffected.
- 7.3 Please be aware that return postage fees cannot be refunded unless the reason for the return of the goods was due to an error made by Us. If the error is Ours we will then refund postage costs up to a maximum of the postage price You originally paid on Your order. Goods returned after the date shown on your delivery note cannot be refunded. Please allow 14 days for refunds to be processed and credited to your card.
- 8 Further Information
- 8.1 We confirm that We will not pass on any information relating to You or Your order(s) to any other company without Your prior consent. The information We have about You will be stored on computer and Your details will be automatically added to Our mailing list. If You do not wish Us to send to You any further offers or promotional materials then please contact Us using the email address set out below.
- 8.2 All sizes, dimensions and/or weights stated on this Site are approximate and do not take into account any packaging materials.
- 9.1 You are not entitled to assign or transfer any of Your rights or obligations under these terms and conditions.
- 9.2 If any provision or any part of any provision in these terms and conditions is held by any court of competent jurisdiction to be illegal, invalid, void or unenforceable for any reason then that provision, or part provision, shall be treated as having been deleted. The remainder of these terms and conditions shall continue to apply.
- 9.3 Neither You nor Us shall be liable for any failure to perform any obligation under these terms and conditions which are due to circumstances beyond Your or Our reasonable control.
- 9.4 Failure by You or Us to enforce any obligation under these terms and conditions shall not be deemed to constitute any waiver of that obligation.
- 9.5 The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions.
- 9.6 These terms and conditions shall be governed by the laws of England and You agree to submit to the exclusive jurisdiction of the English courts.