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By
placing an order through this Website You agree to be bound by these Terms and Conditions. These Terms and Conditions should be read in conjunction with the Website
Terms of Use. Please read
through these Terms and Conditions carefully and then print a copy for future reference. If You do not agree to be bound by these Terms and Conditions you must not place an order through this Website.
1. Basis
of Contract
1.1
Any
reference to "Website" means this website (www.ukmediastore.co.uk).
"We, Us, Our, Ourselves" means ukmediastore. "You, Your,
Yourself" means the person who orders Goods from Us. "Goods"
means the goods available for purchase on this Website and which are ordered
from Us by You.
1.2
These
Terms and Conditions shall govern the purchase of Goods to the exclusion of any
other terms and conditions and supersede all terms and conditions previously
notified to You. We may modify these Terms and Conditions at any time. You are
therefore advised to regularly review these Terms and Conditions. You will be
subject to the Terms and Conditions in force at the time that you order Goods
from us, unless any change to these Terms and Conditions is required to be made
by law or governmental authority (in which case it will apply to orders
previously placed by You), or if We notify You of the change to these Terms and
Conditions before We send You the Dispatch Confirmation (in which case We have
the right to assume that You have accepted the change to the Terms and
Conditions, unless You notify Us to the contrary within 7 working days of Your
receipt of the Goods, in which event You should return the Goods unused to Us
immediately for a full refund).
2.
Orders
2.1
You are responsible for the accuracy of an order and for giving Us any
information We need to perform the Contract. We shall have the right to refuse
to accept any orders placed for Goods.
2.2
By placing an order on behalf of a company and/or unincorporated
organization, You are representing to Us that You have authority to do so.
2.3
After
placing an order, You will receive an e-mail from us acknowledging that We have
received Your order. Please note that this does not mean that Your order has
been accepted. Your order constitutes an offer to Us to buy Goods. All orders
are subject to acceptance by Us, and We will confirm such acceptance to You by
sending you an e-mail that confirms that the Goods have been dispatched (the
Dispatch Confirmation). Your order will only be deemed accepted and a binding
contract between Us (Contract) will only be formed when We send you the Dispatch
Confirmation.
The Contract will relate only to those Goods whose dispatch We have confirmed in
the Dispatch Confirmation. We will not be obliged to supply any other Goods
which may have been part of Your order until the dispatch of such Goods has been
confirmed in a separate Dispatch Confirmation.
2.4
Goods are subject to availability. If the selected Goods are out of
stock, We will inform You as soon as possible. You will be given the option of
(i) waiting until the Goods are in stock when We will send You a Dispatch
Confirmation (which where you are a consumer You agree may be later than 30 days
after You placed Your order); (ii) choosing Goods of an equivalent
functionality, price and quality or (iii) cancelling the affected order (or the
affected part of the order) and obtaining a full refund of any sums paid. If You
request an alternative product which is more expensive, You must if sums have
already been paid pay the difference between the price You originally paid and
the more expensive replacement. If, however, the alternative item is cheaper
than the original selection, We will if sums have already been paid refund the
difference as soon as possible.
2.5
We do try to make sure that all details contained within this Website are
as accurate as possible. On the rare occasion that there is an error, We will
change the information and advise You (if You are adversely affected) about the
changes as soon as possible.
2.6
Please note
that any details and/or specifications regarding the Goods (including but not
limited to any descriptions and/or photographs of the Goods) are intended as a
guide only and may change from time to time.
3.
Customer status
3.1
We normally only sell Our Goods to consumers and in a business capacity
located in the UK Mainland (As defined by Royal Mail). If you are based outside
the UK Mainland, please contact Us at info@ukmediastore.co.uk
and We will let You know whether We accept Your order and, if so, on what terms.
3.2
We will not
accept orders for the Goods from anyone under the age of 18 years. By placing
orders for the Goods, You confirm that You are aged 18 years or over.
3.3
If you are contracting as a consumer, you may cancel a Contract at any
time within 7 working days, beginning on the day after you receive the Goods. In
this case, you will receive a full refund of the price paid for the Goods
(including any delivery charges). To cancel a Contract, you must inform us in
writing delivered by hand, post to the address below or e-mail to info@ukmediastore.co.uk.
If you cancel a Contract you must return Goods already delivered prior to
cancellation to us immediately, in the same condition in which you received
them, and at your own cost and risk. If we have already taken payment for the
Goods in question we will refund such payment to you within 30 days of our
receipt of notice of cancellation. We reserve the right to recover from you the
direct costs of reclaiming any Goods not returned by you under this clause where
you have exercised your right to cancel a Contract.
3.4
A notice sent by you under clause 3.3 will be deemed received and
properly served on Us, immediately if delivered by hand, when posted if sent by
post, and on the day it is sent if by e-mail.
4.
Delivery
4.1
Dates and times for delivery are estimates only and are also subject to
any matters beyond Our reasonable control. As a general rule, if You place an
order before 12pm on a working day, Your order will be processed on the same
working day and (provided the Goods are in stock) Your Goods will be dispatched
immediately. Orders placed after 12pm and/or on a non-working day will be
processed on the next working day.
4.2
As mentioned above, We may deliver overseas but this is only upon special
arrangement. You must contact Us for details of prices and availability.
5.
Price and Payment
5.1
Subject to any pricing error, the price for the Goods is the price
displayed in respect of those Goods on this Website at the time We receive Your
order, plus the applicable delivery charges. These prices are exclusive of VAT
as we are NOT VAT registered.. Please note Our prices are specified in pounds
sterling. If You are based in a country which uses a currency other than pounds
sterling, Paypal will convert the transaction as appropriate.
5.2
We try to ensure that all prices on this Website are accurate but errors
may occur. If We discover a pricing error whereby the correct price for the
Goods is greater than the price stated We will inform You as soon as possible
and give You the option of either reconfirming Your order at the correct price
or cancelling it. If We are unable to contact You, We will treat the order as
cancelled and issue a full refund (where relevant). Where We discover an error
and the correct price of the Goods is less than Our stated price, we will charge
the lower amount when dispatching the Goods to you. If We discover a pricing
error, We are under no obligation to provide the Goods to you at the incorrect
(lower) price, even after we have sent you a Dispatch Confirmation, if the
pricing error is obvious and unmistakable and could have reasonably been
recognised by You as a mispricing.
5.3
Payment must be made by Paypal only. Our e-mail address for Paypal payments is intergrated into our website. We use a third party
(Paypal), to authorize Your payment for the Goods. Please note that we are
not responsible for ensuring the confidentiality of Your data once You transfer
to such third party’s website in order to make payment. We accept no liability
for any loss and/or damage that You may suffer as a result of the acts and/or
omissions of such third party. Payment must be made with cleared funds, we
do not accept Paypal e-cheques, if payment is made via this method We will treat
the order as cancelled and issue a full refund.
5.4
While we require payment via Paypal at the time an order is received.
Your order will only be deemed accepted and a binding contract between Us
(Contract) will only be formed when We send you the Dispatch Confirmation.
6.
Risk and Ownership
6.1
Risk in the Goods shall pass to You at the time of delivery. Delivery
shall be deemed to occur at the time when the Goods arrive at the delivery
address provided by You.
6.2
You will not own the Goods until We have received payment in full in
cleared funds for them. Whilst We remain the owner of the Goods, You agree that
We may enter Your premises to retrieve the Goods. If the Goods are located at a
third party’s premises, You agree to obtain consent for Us to enter that third
party’s premises in order to take back the Goods which belong to Us.
7.
Data Protection
7.1
We will process personal data disclosed by You in accordance with Our privacy
policy, the terms of which are incorporated into these Terms and
Conditions. By placing an order, you consent to such processing and You warrant
that all data provided by You is accurate.
8.
Warranty
8.1
In addition to and without affecting any other statutory rights You may
have as a consumer, We warrant that the Goods will be free from defects for a
period of 12 months from the date of delivery. If the Goods develop a defect
during the 12 month warranty period You should return them to Us at the address
below. If after inspection We agree, acting reasonably, that You have a valid
claim, We will either replace the defective Goods, repair the defective Goods or
refund You in full for the full price of the Goods paid by You, including
delivery charges and return costs paid by You. If We do not agree that You have
a valid claim We shall return the Goods in question to You and reserve the right
to charge You for delivery charges via your original payment method, or if such
method is no longer possible (e.g. because your Paypal account has been closed),
to hold the Goods until full payment is received for such return carriage costs.
8.2
Without affecting any statutory rights You may as a consumer have in such
event, the warranty in clause 9.1 shall not apply if the relevant defect arose
from fair wear and tear, wilful damage, accident, negligence, use otherwise than
for intended use, failure to follow installation or storage instructions, or any
alteration or repair other than in accordance with our instructions.
8.3
You should inform Us by no later than 14 days from delivery if the Goods
are damaged or are incomplete on delivery and return the damaged or incomplete
Goods to Us. On Our receipt of the returned Goods We shall either refund You the
sums paid for the Goods or shall send you replacement Goods, together in either
case with the costs You incurred in returning them to Us.
8.4
We will refund any money under this clause using the same method
originally used by You to pay for the Goods. We will usually process the refund
due to You as soon as possible and, in any case within 30 days of the day We
confirmed to You via e-mail that You were entitled to a refund for the defective
or incomplete Goods.
9.
Liability – you attention is particularly drawn to this clause
9.1
Nothing in these Terms and Conditions shall exclude or limit Our
liability for death or personal injury due to Our negligence, Our fraud or any
other type of liability We cannot exclude or limit as a matter of English law.
9.2
Subject to clause 9.1 our liability for any failure to perform a
Contract, or for negligence, or any other claim that You may have against Us
under a Contract, shall not exceed twice the value of the sums paid to Us under
the Contract in question.
9.3
Subject to clause 9.1 We shall not be liable to You for any loss of
income or revenue suffered by You as a result of any of the causes of action
stated in clause 9.2 above or for any other losses that we could not foresee as
likely to be suffered by You at the date of Your order for the Goods.
9.4
Clauses 9.1 to 9.3 inclusive are intended only for consumers. If you are
a business we reserve the right to impose different limitations and exclusions
at the time that you contact us as provided above.
10. General
10.1
You are solely responsible for the use made of the Goods. In particular,
You must comply with all applicable laws and regulations of the country for
which the products are destined. We will not be liable for any breach by You of
any such laws.
10.2
If any provision of these Terms and Conditions is held by any competent
authority to be invalid or unenforceable in whole or in part the validity of the
other provisions of these Terms and Conditions and the remainder of the affected
provision shall be unaffected and shall remain in full force and effect.
10.3
We shall have no
liability to You for any delay in performance to the extent that such delay is
due to any event outside Our reasonable control including but not limited to
acts of God, war, flood, fire, labour disputes, shortage of materials,
subcontractor delays, strikes, lock-outs, riots, civil commotion, malicious
damage, explosion, governmental actions and any other similar events. If We are
affected by any such event then time for performance shall be extended for a
period equal to the period that such event or events delayed such performance.
10.4
All third party rights are excluded and no third party shall have any
right to enforce these Terms and Conditions.
10.5
Except as provided in clause 3.3, all notices given by You to Us must be
given to Us at the postal or e-mail addresses provided below. We may give notice
to You at either the e-mail or postal address You provide to Us when placing an
order. Notice will be deemed received and properly served immediately when
posted on Our website, 24 hours after an e-mail is sent, or 3 days after the
date of posting of any letter. In proving the service of any notice, it will be
sufficient to prove, in the case of a letter, that such letter was properly
addressed, stamped and placed in the post and, in the case of an e-mail, that
such e-mail was sent to the specified e-mail address of the addressee.
10.6
Nothing in these Terms
and Conditions affects any statutory rights you may have as a consumer.
10.7
The laws of England and Wales govern these Terms and Conditions and any
Contract between Us and the English courts will have jurisdiction in respect of
any dispute.
11. Our Details
11.1
Our main trading address
is 82 Osborne Square, Dagenham, Essex, RM9 5BA. Our telephone number is 0208 595
4999.
11.2
If You are unhappy with
any aspects of the service and/or Goods that We have provided to You or have any
comments regarding the service, please contact Us by writing to the above
address or e-mail Us at info@ukmediastore.co.uk.
11.3
If You are unhappy with any aspects of the service and/or Goods that We
have provided to You or have any comments regarding the service, please contact
Us by writing to the above address or e-mail Us at info@ukmediastore.co.uk.