Terms and Conditions
In plain English, when you click ‘buy now’ on a One AV Ltd website, submit a purchase order, or place a telephone order with OneAV you agree to abide and be governed by following terms and conditions of sale.
Last edited: 10 January 2020
One AV Ltd is registered in England & Wales under Company Number 10081264
VAT Registration GB236476293
The Registered Office of the Company is situated at:
The Haysfield, Spring Lane North,
Main telephone number: +44 (0)1684 576 348
- In the following “One AV Ltd” may be expressed as “OneAV”, ‘the Seller” or “the Company”.
- The purchasing company or individual customer of OneAV may be expressed as “the Buyer” or “the Purchaser”.
- The "Buyer" means the customer who accepts a quotation of the Seller or whose order for the Goods is accepted by the Seller.
- "Conditions" means the conditions of sale set out in this document and any special and/or additional conditions agreed in writing by the Seller.
- "Good" or "Goods" means the goods (including any installment of goods or any parts for them), which the Seller is to supply in accordance with these Conditions.
- "Writing" includes facsimile transmission, email and other comparable means of communication.
- "Working Days" means Monday to Friday inclusive, excluding Saturday, Sunday and Bank Holidays on whichever day they fall.
- "including" and "in particular" shall be construed as not limiting any general words or expressions in conjunction with which either of those expressions is used.
- These conditions shall apply to all contracts for sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any which the Buyer may purport to apply under any purchase order, confirmation of order or any such similar document. In case of any conflict variance or inconsistency between these conditions and the terms of your order, or any correspondence relating thereto, these conditions shall prevail to the extent that they are not specifically excluded in writing by OneAV.
- No variation or addition to these Conditions shall be effective unless agreed in Writing by the Seller.
- The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in Writing and in entering into the contract the Buyer acknowledges that it does not rely on any such representations which are not so confirmed.
- Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller and without any prior notification. The views and opinions expressed in any sales literature or on the Seller’s website are the views of the contributors and should not be taken necessarily as fact.
- No contract for the sale of Goods shall arise until the Seller dispatches the Goods, the Seller shall inform the Buyer by email when the goods have been dispatched. OneAV invoices are issued only after dispatch of the goods has been confirmed.For Buyers using the OneAV website to place an order, clicking the ‘buy now’ button on the website shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
- Nothing in these Conditions shall affect the statutory rights of any consumer.
- The price shall be that on the Seller’s current list price or as otherwise agreed in writing by the Seller and the Buyer should confirm prices (including any promotional prices and special offers) at the time of ordering. All special offers are strictly subject to availability.
- Although every effort is made by the Seller to provide accurate information, it is the Buyer’s responsibility to ensure that all details are correct prior to order.
- Price, specification and availability of products are subject to change without notice.
- The trade prices of goods and shipping on www.oneav.co.uk are shown exclusive of VAT.The Seller reserves the right to revise prices prior to dispatch of Goods.
- There are various packing, postage and carriage options (including shipping outside the UK) for the customer to choose from prior to completing the purchase. Shipping and Handling charges are displayed exclusive of VAT.
- A confirmation of order at a price is subject to change, but we will always notify the buyer of any deviation from the confirmation of order prior to taking monies. Where money transfer is by automatic electronic means we reserve the right to cancel the order and refund all monies paid.
- From time to time we shall modify the prices charged on our website and current catalogue.
- Website pricing may differ to sales literature pricing.
Unless a credit account privilege has been agreed, payment must be made in full before the dispatch of any Goods. Transaction Currency is in British Pounds (£).
Payment can be made by the majority of popular credit and debit cards, provision is also made to accept BACS transfer, bank transfer or PayPal.
Time for payment shall be of the essence and any failure to pay shall entitle the Seller at his option to treat the contract as repudiated by the Buyer, to delay delivery until paid or appropriate any payment made by the Buyer to such of the Goods as the Seller may think fit notwithstanding any purported appropriation by the Buyer (without prejudice to any other remedy that the Seller may have).
Should any invoice still not be paid within an agreed timescale One AV Ltd will employ the services of Credit Protection Association at which point the ownership of the debt will be transferred to a third party for collection.
Credit Account Facility
Credit facility privileges are granted at the sole discretion of the OneAV Accounts Department. To apply for a credit facility contact: firstname.lastname@example.org
A credit checking process forms part of the application. Multiple credit referencing agencies may be used by OneAV for this process. By signing the credit reference form you are agreeing for this check to take place and any implications this may have.
Goods supplied against a credit account must be paid within the stated time period on the invoice (14 or 30 days usually) from the date of invoice issue.
Credit facilities will only be granted after a sufficient order history has been established.
Credit facilities will not be available until the OneAV Accounts Department sends the applicant company notice in writing.
OneAV reserves the right to withdraw credit facilities if the account becomes overdue or the monthly credit limit is exceeded. OneAV employs third-party professional collecting agents to recover outstanding debts.
The Seller is entitled to charge interest on any overdue amounts, every 30 days after the original due date, charged at a rate of 5% above the base interest rate of the company's bank for the total invoice value. This can be implemented and backdated on any overdue amounts at any time by giving written notice to the Buyer. The charge will appear on a new invoice. At the end of every month, a new invoice will be posted to the Buyer’s account.
If the account is not used for 6 months, credit facilities may be terminated. OneAV reserves the right to close the account at any time by notice in writing to the Seller’s registered postal or email address.
All orders and correspondence must quote the relevant customer account number.
All credit facilities will be reviewed on a yearly basis.
Online Payment Security
Credit card and debit card details are processed on our secure server and are not stored by OneAV. All card details entered are encrypted using Comodo SSL 128-bit encryption.
When you submit order and payment information to us, we use 128-bit Secure Socket Layer (SSL) encryption to protect that information in transit. With SSL technology, the web address starts with "https://" instead of "http://" to indicate that your information is encrypted during transmission.
We also comply with the The Payment Card Industry Data Security Standard (PCI DSS). This is a set of requirements designed to ensure that all companies that process, store or transmit credit card information maintain a secure environment.
The Payment Card Industry Security Standards Council (PCI SSC) was launched on September 7, 2006 to manage the ongoing evolution of the Payment Card Industry (PCI) security standards with focus on improving payment account security throughout the transaction process. The PCI DSS is administered and managed by the PCI SSC (www.pcisecuritystandards.org), an independent body that was created by the major payment card brands (Visa, MasterCard, American Express, Discover and JCB.).
OneAV is scanned quarterly by a company called Trustwave (www.www.trustwave.com) to reveal any issues and must pass the PCI DSS in order to continue processing credit card payments.
Quotations are valid for 30 days from date of issue, unless otherwise stated. Should the customer wish to place an order after such a validity period, then OneAV in its sole discretion has the right to amend the original quote to reflect current pricing and availability of goods, prior to accepting the customer's sales order.
Prices are fixed for the quotation validity period unless stated to contrary. Prices include Manufacturer's warranty, unless otherwise mentioned. Prices exclude VAT, unless specifically outlined on quotation.
Once a quote has been accepted, for customers who do not have an agreed credit facility, a pro forma invoice will be issued in order to facilitate payment before dispatch of the order.
Pro forma invoices will be open for 5 working days, at this point should the order not have been paid for, the order will be cancelled. If any agreed discount or reduced pricing has been provided at this point, pricing will automatically revert to default pricing should the order be requested. It is the discretion of OneAV to honour the discounted or reduced pricing.
If a customer has an agreed credit facility, there will be no need for a pro forma invoice. A standard invoice will be issued on dispatch of the order.
All details provided to OneAV by the Buyer will be used only for the purpose of the Buyer’s order, none of the information will be passed on to any third parties. OneAV will treat the Buyer’s Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below). OneAV will keep it on a secure server and we will fully comply with all applicable UK Data Protection and consumer legislation from time to time in place.
When shopping on a OneAV website, we will ask you to input and will collect Personal Information from you such as:
- Your name
- E-mail address
- Billing address
- Delivery address
- Telephone number
- Product order
- Credit card or other payment information
You should be aware that if OneAV is requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information, OneAV are entitled do so.
Postage, Shipping & Deliveries
Delivery shall be treated as a separate contract from that of the supply of the goods paid for by the Buyer.
The contract is taken up with the chosen carrier at point of purchase. Please refer to the carrier’s terms and conditions for the delivery of your Goods.
Royal Mail: http://www.royalmail.com/terms-and-conditions
Some items, from time to time, may be advertised with 'free' delivery, 'free' delivery means the cost of the separate delivery contract is included within the quoted price. The free delivery service will be defined at point of purchase.
Monday to Friday, all orders placed before 3pm are dispatched same day. Orders placed after 3pm on a Friday and anytime on a Saturday or Sunday will not be dispatched until Monday. Orders placed on a Bank Holiday will not be dispatched until the next working day. Next day delivery means next working day. Saturdays are not classed as a working day.
All delivery times quoted are estimated times, whilst every reasonable effort shall be made to keep to any estimated delivery date, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any other person or Company arising directly or indirectly out of any failure to meet any estimated delivery date. The Goods may be delivered by the Seller in advance of the quoted delivery date.
A carrier’s first attempt to deliver shall be considered as the delivery date.
Unless otherwise agreed the Seller may deliver by installments and in such case each installment shall be treated as a separate contract and any delay, default or non-delivery in respect of any installment by the Seller shall not entitle the Buyer to cancel the remainder of the contract.
Failure by the Buyer to pay for any installments or delivery when due shall entitle the Seller to withhold any further deliveries and the Buyer shall be liable for any costs incurred by the Seller relating to such Goods.
Delivery of the Goods shall be made to the Buyer’s address and the Buyer shall make arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer’s reasonable control) then, without prejudice to any other right or remedy available to the Seller, the Seller may:
i) Store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage; or
ii) Sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the contract or charge the Buyer for any shortfall below the price of the contract.
The method of dispatch for all orders shall be at the Seller’s discretion. Where a particular delivery service has been paid for the Seller shall make every effort to use that service, however in order to ensure that all orders are correctly insured the Seller reserves the right to change the delivery service to an equivalent or better service with greater insurance cover.
For all Royal Mail services please refer to their website www.royalmail.com for estimated delivery times.
If the Buyer does not make themself available to receive a Royal Mail delivery as per Royal Mail’s Terms and Conditions the goods will be returned to OneAV. The Buyer will be liable to pay the delivery charge again if they still require the goods, else the cost of the items will be refunded minus any delivery, handling and restocking charges.
Occasionally an item may be lost, delayed or damaged in the Royal Mail system, all goods dispatched are insured against loss and damage. As per Royal Mail’s Terms and Conditions OneAV will operate within the parameters of the Royal Mail claim process and will only redispatch missing goods once the claim has been accepted.
Next day Courier deliveries are only available to UK mainland destinations. On the day of dispatch the Buyer shall be automatically notified by email. Next day courier services are only delivered on working days, the delivery estimate shall be the next working day after the day of dispatch. Next day courier orders dispatched on a Friday shall be delivered on a Monday (except Bank Holidays).
Saturday Courier delivery may be an available service option for orders dispatched on a Friday, at point of purchase you will be notified of a delivery time frame estimate.
If the Buyer does not make themself available to receive a Courier delivery as per said Courier’s Terms and Conditions the goods will be returned to OneAV. The Buyer will be liable to pay the delivery charge again if they still require the goods, else the cost of the items will be refunded minus any delivery, handling and restocking charges.
Once dispatched Courier deliveries cannot be re-directed to another address.
Items damaged during the delivery process should not be signed for and not accepted from the carrier. OneAV will not be able to replace items damaged on delivery that have been signed for.
The Seller’s delivery charges and the timing of all deliveries shall be as published from time to time. Any promotional offers in respect of delivery charges shall only apply to UK mainland and Northern Ireland.
The method of dispatch for items specified with Free Delivery shall be at the Seller’s discretion and shall be in accordance with the delivery terms listed above.
Ownership & Risk
The risk in Goods shall pass to the Buyer upon delivery of the Goods or upon the Goods being appropriated to the Buyer but kept at the Seller’s premises at the Buyer’s request.
The Seller remains the owner of the Goods affected by the contract until the Seller has been paid in full in cash or cleared funds for such Goods and all other Goods agreed to be sold by the Seller to the Buyer for which payment is due.
Until such time as the property of the Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller’s fiduciary agent and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller’s property.
If any payment due under these Conditions is overdue in whole or in part, the Seller may without prejudice to any of its other rights recover and/or re-sell the Goods or any of them and may enter on the Buyer’s premises by its servants or agents to recover the Goods and the Buyer shall be liable for all the Seller’s costs of so doing.
The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so all moneys owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) immediately become due and payable.
Guarantees, Warranties & Liabilities
Subject to the conditions set out below the Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller.
The above warranty is given by the Seller subject to the following conditions:
The Seller shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Buyer;
The Seller shall be under no liability in respect of any information given from any drawing, design or specification supplied by the Buyer or Seller;
The Seller shall not be under liability in respect of any defect arising from fair wear and tear, willful damage, negligence, abnormal working conditions, failure to follow the Seller’s guidelines (whether oral or in writing), misuse or alteration or repair of the Goods without the Seller’s written approval;
The Seller shall be under no liability under the above warranty (or any other warranty, conditions or guarantee) if the total price for the Goods has not been paid by the due date for payment;
Where the Goods are covered by manufacturer’s warranties, details of which will be supplied to the Buyer on delivery of the Goods (usually in the User Manual – paper or downloadable online pdf format), the Buyer shall only be entitled to the benefit of such warranties or guarantees as are given by the manufacturer to the Seller.
Subject as expressly provided in these conditions and except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977, section 12) all warranties, conditions, or other terms implied by statute, common law or otherwise are excluded to the fullest extent permitted by the law.
Where Goods are sold to a consumer (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Buyer are not affected by these Conditions.
If a product is deemed as being irresolvably incompatible after consultation between the Buyer and the OneAV Technical Support Team or does not work as expected with a Buyer’s set-up, the Buyer may be eligible to use the freepost service to return the product to the Seller for a full refund or alternative product supplied within 28 days of the order dispatch date.
The Seller offers a one year guarantee covering all products sold by OneAV. If a product is deemed as/or suspected as potentially being genuinely faulty after consultation between the Buyer and the OneAV Technical Support Team then the Buyer may be eligible to use the freepost service to return the product to the Seller for repair or equivalent replacement (of no higher value). Proof of purchase is required and all Buyers wishing to make use of the guarantee must contact Customer Services first to obtain an RMA. Buyers requesting to return products after a one year period has elapsed since purchase will be required to contact the manufacturer directly should the guarantee extend beyond one year.
OneAV strongly recommends that the Buyer, prior to installing any products intended to be situated in inaccessible places (such as wall cavities, ceiling cavities, under floorboards, behind plaster, under concrete floors, externally routed, underground or similar), trials/tests the product firstly for any faults or defective function.
Only products that can be returned to OneAV will be considered for replacement or repair under the Guarantee.
The Seller shall not be held responsible for any incompatibility issues or held liable to the Buyer by reason of any representation (unless fraudulent) or any implied warranty, condition, or other term or any duty at common law or under the express terms of the contract, for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer including, without limitation, losses or damages of the types listed below:-
- loss of profit; and/or
- loss of anticipated savings.
- loss of business and/or goods; and/or
- loss of revenue; and/or
- loss of contract; and/or
- loss of goodwill; and/or
- loss of use; and/or
- loss and/or corruption of data and/or other information; and/or
- downtime; and/or
- any damage relating to the procurement by you of any substitute equipment.
The entire liability of the Seller under or in connection with the contract shall not exceed the price of the Goods, except as expressly provided in these Conditions.
Returns, Cancellations & Replacements
Under the terms of the Distance Selling Regulations 2000, the Buyer has the right to cancel any contract under the cooling off period. A notice of cancellation must be given in writing by the buyer within the cooling off period. The cooling off period is 14 working days from the day after receipt of the goods. The Buyer should notify the Seller at email@example.com regarding their intention to cancel and return the order specifying a return request under the heading ‘Request to return goods within cooling off period’ and quoting the order number.
Goods returned under the terms of the Distance Selling Regulations must be sealed in their original packaging without damage to the packing, unused, in re-saleable condition as brand new.
Goods returned as stated above in brand new re-saleable condition shall be subject to a refund of the original purchase price minus delivery and processing fees, to be paid by the Seller within 30 days of the notice of cancellation. The cost of the delivery charge shall not be refunded as it is provided under a separate contract. Items produced, made or cut to customer specification may not be returned in accordance with the Distance Selling Regulations 2000.
Goods returned under the Distance Selling Regulations cooling off period shall be returned at the expense of the Buyer, the Buyer shall be responsible for the Goods until they have been received by the Seller. The Buyer shall be responsible for ensuring the Goods are adequately packaged to avoid damage and shall pay any insurance costs deemed necessary.
If a contract is cancelled under the terms of the Distance Selling Regulations and the Goods are not returned within 20 working days from the issue of a Returned Merchandise Authorisation (RMA) the refund will not take place.
Failure to return the goods under the terms of the Distance Selling Regulation cooling off period in unused condition shall incur a restocking fee that shall be determined on a case by case basis but shall not exceed 50% of the goods original price. Goods returned in damaged or un-saleable condition shall not be refunded and shall be returned to the Buyer.
Unless the Seller at its discretion decides otherwise, if the Seller agrees to accept the return of any such Goods then:
i) A Goods return number (RMA no.) must be obtained from the Seller and be clearly shown on the returned parcels and must be returned in the original manufacturer’s packaging (which shall not be defaced) complete with accessories, manuals and documentation.
ii) The Buyer shall be liable for the cost of remedying any damage to the Goods returned where such damage has, in the opinion of the Seller, been caused by the Goods being inadequately packaged by the Buyer or through the Buyer’s fault.
iii) Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with the specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller within 7 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure.
iv) Where any valid claim in respect of any of the Goods which is based on any defect in the quality or conditions of the Goods or their failure to meet specification is notified to the Seller in accordance with these conditions, the Seller shall be entitled to replace the Goods (or any part thereof) free of charge or at the Seller’s sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), but the Seller shall have no further liability to the Buyer.
The Seller shall not give any credit for returned Goods where the Seller deems the Goods not to be faulty unless otherwise agreed in writing by the Seller.
Any Goods in respect of which any claim of defect or damage is made by the Buyer shall be preserved by the Buyer intact together with the original packaging at the Buyer’s risk and shall at the request of the Seller be:
i) Retained by the Buyer for a reasonable period to enable the Seller or its agent to inspect the Goods; or
ii) Collected from the Buyer by the Seller if the Goods are defective.
Goods not featured in the Seller’s catalogue/website are possibly not subject to the normal returns policy and instructions for return should be confirmed with the Seller before returning the Goods. Any clearance or B Grade units are subject to the standard terms of Distance Selling Regulations.
Before returning any goods, you must contact Customer Services to obtain a Returned Merchandise Authorisation (RMA) number. Customers may also be issued with a personalised freepost returns label, enabling the return of product(s) back to the Seller without the Buyer incurring any return postage charges*.
Please note *this option is currently available to UK customers only and access to a printer is required. For large and expensive items, we may arrange for a courier to collect your item. In this event, we will liaise with you to arrange a collection time that is convenient for you.
Freepost Returns Service: A complimentary freepost returns service is offered by OneAV to all customers, any customers actively choosing not to utilise this service will not be entitled to a refund of any returned postage costs they incur. Use of the freepost returns service does not exempt the Buyer from their responsibilities of ensuring that their returned goods arrive in a timely and safely fashion back to the Seller. Until a returned package is scanned back into OneAV premises, the package remains the sole responsibility of the Buyer. If a returned package is lost for example, it is the responsibility of the Buyer to instigate the claims process with Royal Mail.
Timescales: Packages returned using the freepost service take a minimum of 5 working days to arrive back at OneAV. The barcode on the freepost returns label is scanned upon arrival at OneAV. Refunds will be initiated within 15 working days of the RMA barcode being scanned. We will send you an email to confirm payment back to the credit card or debit card you originally paid with. Depending on the method of payment, funds can take up to 3 days to appear back on the account. Returned packages that use an excessive amount of tape will be left until last to process and could result in your refund/replacement being delayed.
Returned without RMA: Packages returned without an attributed RMA number but with the Buyers details will be processed within 28 days of arrival. If there are no identifying details, RMA’s will not be processed until identification has occurred. We will send you an email to confirm payment back to the credit card or debit card you originally paid with. Depending on the method of payment, funds can take up to 3 days to appear back on the account.
If your Device is or becomes defective through no fault of your own, you have up to 12 months from the date the Device is delivered (the "Advanced Replacement Period") to contact OneAV customer care at (01684) 576348 regarding a replacement Device under the OneAV Advanced Replacement Process. You will be asked to provide certain customer information (name, address, phone number, and the serial number of your Device) and the date you purchased your Device for verification purposes. If the OneAV representative determines that your Device is eligible for mail-in service under the OneAV Warranty, OneAV will provide you with a Returned Merchandise Authorisation ("RMA") ticket number, a return mailing label that will be sent to an email address you provide, and instructions for returning your Device to OneAV.
In order to process the return and Advanced Replacement of your Device, OneAV will issue an invoice for the full value of the replacement goods. On receipt of the faulty goods a credit memo will be raised against the invoice that was issued for the full value of the replacement goods. If the faulty goods are not received within 30 days from the date of the invoice the Buyer will be liable for the full value of the invoice for the replacement goods.
Advance Replacement service for goods over £2000
For customers that have purchased from www.hdanywhere.co.uk OneAV requires a credit card authorisation, as security for the retail price of the replacement device plus shipping and handling. If you are unable to provide credit card authorisation, this Advanced Replacement Process will not be available to you, however you may still be eligible for the standard warranty process. Upon verification of your shipping information and a credit card authorisation, OneAV will ship an advanced replacement device to you to the address you provided. Your credit card will not be charged at this time, and will only be charged if you don’t return your original Device within thirty (30) days, or if your original Device doesn’t meet warranty eligibility requirements as described below.
You will have thirty (30) days from the date you receive the return mailing label for OneAV to receive your Device. Upon receiving your Device, OneAV will inspect it to verify that your Device is covered by the OneAV Warranty. If it is under warranty, you may keep the replacement device and your credit card will not be charged.
If you fail to return your Device to OneAV as instructed, OneAV will charge your credit card for the authorised amount. If you do not return your Device within the thirty (30) days provided or if upon receipt OneAV determines that your Device is ineligible for service because it is not under warranty or beyond economic repair, your credit card will be charged for the authorised amount. At your option, OneAV will ship your Device back to you at your own expense.
The Seller shall make every reasonable effort to resolve or acknowledge by post, telephone or email any queries which the Buyer has made within two working days of receipt of any such query.
The Seller shall make every reasonable endeavour to respond to complaints within 5 working days and keep the Buyer reasonably notified of any progress thereafter.
Telephone calls made to the Seller may be recorded for training purposes.
Trademarks & Accreditation
The Seller and Buyer acknowledge the intellectual property rights of suppliers and manufacturers of the products appearing in the Seller’s sales literature and on the Seller’s web site.
The Seller shall not be liable to the Buyer or be deemed to be in breach of the contract by reason of any delay in performing or any failure to perform any of the Seller’s obligations in respect of the Goods, if the delay or failure was due to any cause beyond the Seller’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller’s reasonable control:
- act of God, explosion, flood, tempest, fire or accident;
- war, threat of war, sabotage, insurrection, civil disturbance or requisition;
- acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority.
- import or export regulations or embargoes;
- strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party);
- ifficulty in obtaining materials, labour or machinery; and
- power failure or breakdown in machinery.
The Seller’s failure to insist upon strict performance of any provision of these Conditions shall not be deemed a waiver of its rights or remedies in respect of any present or future default of the Buyer in performance or compliance with any of these Conditions.
Any notice required or permitted to be given by either party to the other under these Conditions shall be either by email to firstname.lastname@example.org or in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving notice.
Notice shall be delivered electronically (email), personally or sent by first class prepaid recorded delivery by registered post (airmail if overseas) or by facsimile transmission and shall be deemed to be given in the case of delivery personally on delivery and in the case of posting (in the absence of evidence of earlier receipt) 48 hours after posting (six days if sent by airmail) and in the case of facsimile transmission on completion of the transmission provided that the sender shall have received printed confirmation of transmission.
If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provision of these Conditions and the remainder of the provision in question shall not be affected.
In the event of a dispute between the Buyer and the Seller, should the Seller in writing require, the Buyer agrees to submit to the jurisdiction in accordance with the Arbitration Act 1996 for the time being in force as a legally binding alternative to court action.
The contract shall be governed by the laws of England and the Buyer agrees to submit to the non-exclusive jurisdiction of the English courts.