1.1. This document (together with any documents referred to in it) tells you the terms and conditions (the 'Conditions') upon which we will sell the Goods listed on this website (the 'Website') to you.
1.2. Before confirming your order please:
1.2.1. Read through these Conditions and in particular our cancellations and returns policy at clause 12 and limitation of our liability and your indemnity at clause 17
1.2.2. Print a copy for future reference
1.3. By ordering any of the Goods listed on this Website, you agree to be legally bound by these Conditions. You will be unable to proceed with your transaction if you do not accept these terms and conditions as may be modified or amended and posted on this Website from time to time.
1.4. We reserve the right to revise and amend the Website, our disclaimers and the Conditions at any time without notice to you. Your continued use of the Website (or any part thereof) following a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether we have changed these Conditions.
2.1. This Website is owned and operated by Professional Audio Cables Ltd ('we'/'us'/'our'), a limited company registered in England and Wales under company number: 08390414 having our registered office at 11 Chapel Lane, Arnold, Nottingham, NG5 7DR. Our business address is 17 Longacre, Woodthorpe, Nottingham, NG5 4JS.
2.2. Our telephone number is 0115 822 94 97.
2.3. The services we offer are part of an authorisation scheme operated by Trusted Shops. Details of the scheme and its operator can be found at https://www.trustedshops.co.uk/shop/certificate.php?shop_id=X83BF80AA99549D4D4F45E2D95E9AC747.
2.4. We subscribe to the Safebuy's code of conduct which can be found at http://care.safebuy.org.uk/code-of-practice/.
3.1. You agree that email and other electronic communications can be used as a long-distance means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
3.2. We will contact you by email or provide you with information by posting notices on our Website.
4.1. Our Website is only intended for use by customers resident in England, Wales, Scotland and Northern Ireland (the United Kingdom).
4.2. We can, in our sole discretion, accept orders from individuals located outside the United Kingdom and ship overseas subject to you paying for the additional shipping or postage costs. You will have an opportunity to cancel your order in case these costs are not acceptable.
4.3. Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.
4.4. If we agree to supply any goods ordered from the Website for delivery outside the United Kingdom, they may be subject to import duties and/or additional taxes or expenses incurred due to complying with foreign regulatory requirements or laws. You will be responsible for payment of any such duties and/or taxes in addition to our price including the cost of delivery. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office or taxation authority for further information before placing your order.
4.5. You must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable for any breach by you of any such laws.
5.1. When registering on the Website you must choose a username and password. You are responsible for all actions taken under your chosen username and password.
5.2. By registering on the Website you undertake:
5.2.1. That all the details you provide to us for the purpose of registering on the Website and purchasing the Goods are true, accurate, current and complete in all respects
5.2.2. To notify us immediately of any changes to the information provided on registration or to your personal information
5.2.3. That you are over 18 or if under 18 you have a parent or guardian's permission to register with and purchase the Goods from this Website in conjunction with and under their supervision
5.2.4. To only use the Website using your own username and password
5.2.5. To make every effort to keep your password safe
5.2.6. Not to disclose your password to anyone
5.2.7. To change your password immediately upon discovering that it has been compromised
5.2.8. To neither transfer or sell your username or password to anyone, nor permit, either directly or indirectly, anyone other than you to use them
5.3. You authorise us to transmit your name, address and other personal information supplied by you (including updated information) to obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity.
6.1. To be eligible to purchase the Goods on this Website and lawfully enter into and form contracts with us, you must:
6.1.1. Be 18 years of age or over
6.1.2. Be legally capable of entering into a binding contract
6.1.3. Provide full details of a delivery address in the United Kingdom or the European Economic Area (if you reside in the EEA)
6.2. If you are under 18, you may only use the Website in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, you must not use our Website.
7.1. The prices of the Goods are quoted on the Website.
7.2. Prices quoted are for delivery in the United Kingdom unless otherwise specified.
7.3. Unless otherwise stated, the prices quoted include delivery costs (in the case of goods) but exclude VAT (we are not VAT registered).
7.4. We reserve the right, by giving notice to you at any time before delivery or performance of our obligations to you, to increase the price of the Goods to reflect any increase in the cost to us due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture). In the unlikely event of this occurring, you shall be entitled to cancel the order at any time before delivery or performance of our obligations to you or the expiry of the Cancellation Period in clause 12.2 whichever is later.
8.1. Payment can be made by any major prepay, credit or debit card or through an electronic payment account as explained on the order form.
8.2. By placing an order, you consent to payment being charged to your prepay/debit/credit card account or electronic payment account as provided on the order form.
8.3. Payment will be debited and cleared from your account before the dispatch of the Goods to you.
8.4. When you pay for your order by card, we carry out certain checks which include obtaining authorisation from your card issuer to ensure you have adequate funds and for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies.
8.5.1. Undertake that all the details you provide to us for the purpose of purchasing the Goods are correct and that the payment card you are using is your own and that there are sufficient funds to cover the cost of the Goods ordered
8.5.2. Undertake that any and all Goods ordered by you are for your own private or domestic use only and not for resale
8.5.3. Authorise us to transmit the payment and delivery information provided by you during the order process (included any updated information) for the purpose of obtaining authorisation from your card issuer to ensure you have adequate funds, to authenticate your identity, to validate your payment card and for other security reasons, such as fraud prevention
8.6. We shall contact you should any problems occur with the authorisation of your card.
8.7. 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 our Website.
9.1. All orders are subject to acceptance and availability. If any Goods ordered are not available, you will be notified by email and you will have the option either to wait until the item is available or to cancel your order. It is your responsibility to provide us with a valid email address so that we can contact you if necessary.
9.2. Any order placed by you constitutes an offer to purchase the Goods from us.
9.3. All such offers received from you are subject to acceptance by us and we reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.
9.4. You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly.
9.5. You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Goods ordered by you from the Website.
9.6. A contract between you and us (the 'Contract') incorporating these Conditions will only subsist after we have debited your payment card and have confirmed that we have dispatched the Goods We will send you an email to confirm this (a 'Confirmation Notice'). The Confirmation Notice will amount to an acceptance of your offer to purchase from us. The Contract will be formed when we send you the Confirmation Notice (whether or not you receive it).
9.7. The Contract will relate only to the Goods stated in the Confirmation Notice. We will not be obliged to supply any other Goods which may have been part of your order until we have sent you a separate Confirmation Notice relating to it.
9.8. You must check that the details contained in the Confirmation Notice are correct and you should print out and keep a copy of it.
9.9. You will be subject to the version of our policies and Conditions in force at the time that you order the Goods from us, unless:
9.9.1. Any change to those policies or these Conditions is required to be made by law or governmental authority
9.9.2. We notify you of any change to our policies or these Conditions before we send you the Confirmation Notice, in which case, we are entitled to assume that you have accepted it, unless we receive written notification from you to the contrary within seven calendar days of receipt of the Confirmation Notice
10.1. The Goods will be delivered to you at the address you provided during the order process which may be an address other than the billing address, but please note that extra documentation may be needed to comply with such orders.
10.2. We employ professional carriers. Nevertheless, you must examine the Goods on arrival. If you are asked for your signature on delivery, you must examine the Goods before signing for them.
10.3. Any dates quoted for delivery of the Goods are approximate only. If no date is specified then it will take place within 30 days of the date of the Confirmation Notice, unless there are exceptional circumstances.
10.4. We will not be liable for any delay in delivering the Goods, however caused.
10.5. The Goods may be provided in instalments.
10.6. For Christmas deliveries, we recommend that you check our Website for the last date of delivery. We will endeavour to dispatch all Goods that are in stock within 24 hours. However, we cannot guarantee delivery by 24th December.
11.1. The Goods will be at your risk from the time of delivery.
11.2. Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of them including the cost of delivery.
12.1. Cancelling before receiving a Confirmation Notice
12.1.1. You may cancel your order for the Goods at any time prior to receiving a Confirmation Notice from us by notifying us of your decision to cancel.
12.1.2. You may notify us by sending us an email to firstname.lastname@example.org or a letter to 17 Longacre, Woodthorpe, Nottingham, NG5 4JS quoting your name, address, the name or a description of the Goods and your order reference number.
12.2.1. You may cancel this Contract at any time before the expiry of 14 calendar days after the day you received the Goods (the 'Cancellation Period') by notifying us of your decision to cancel.
12.2.2. You may notify us of your decision to cancel by sending us by email to email@example.com or by post to 17 Longacre, Woodthorpe, Nottingham, NG5 4JS
184.108.40.206. the fully completed cancellation form found on the Website, or
220.127.116.11. a statement of your name, address, the name or a description of the Goods and your order reference number.
12.2.3. Upon receiving notice of your cancellation, we will contact you and provide details of where you must return the Goods and other relevant instructions. You must then return the Goods to us without delay and at the latest within 14 days of notifying us of your cancellation.
12.2.4. You must return the Goods at your own risk and at your own cost unless we offer to pay the cost of return. We reserve the right, at our option, to collect the Goods from you. If we wish to collect the Goods we will notify you of when we will collect them. We may charge you for the cost of collecting the Goods and may deduct this from any sum owed by us to you.
12.2.5. You must return the Goods to us in the same condition in which you received them with the original packaging and the original invoice.
2.2.6. If the value of the Goods is reduced as a result of your handling of them beyond what is necessary to determine the nature, characteristics or functioning of the Goods, we will be entitled to claim this reduction in value from you and to deduct it from any money which you have paid us.
12.3.1. So long as you are entitled to cancel and have complied with your obligations under clause 12.2, we will refund you the balance of the price you paid to us after deducting:
18.104.22.168. any reduction in the value of the Goods; and
22.214.171.124. any cost to us of collecting the Goods.
12.3.2. Unless we have agreed to collect the Goods from you, we will refund you the sum in clause 12.3.1 within 14 days after the earlier of:
126.96.36.199. the day on which we receive the Goods back from you, or
188.8.131.52. the day on which you supply evidence to us that you have sent the Goods back to us.
12.3.3. If we have agreed to collect the Goods from you, we will refund you the sum in clause 12.3.1 within 14 days of our receipt of your cancellation notice.
12.4.1. You will not have a right to cancel in the following situations:
184.108.40.206. The Contract is for goods which are bespoke or have been personalised or which may deteriorate (such as food)
220.127.116.11. The Contract is for goods and/or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by us
18.104.22.168. The Contract is for the supply of alcoholic beverages where their value is dependent on fluctuations in the market which cannot be controlled by us, we have agreed the price and we can only deliver after 30 days
22.214.171.124. The Contract is for the sale of land or financial services
126.96.36.199. The Contract is for rental of accommodation for residential purposes
188.8.131.52. The Contract is for construction or conversion of buildings
184.108.40.206. The Contract is for the sale of goods by public auction which bidders may attend in person
220.127.116.11. The Contract is for accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities where there is a specific date or period for performance
18.104.22.168. The Contract is for the supply of sealed audio or video recordings and computer software and they have become unsealed after delivery
22.214.171.124. The Contract is for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and they have become unsealed after delivery
126.96.36.199. The Contract is for the supply of newspapers, magazines and other periodicals, except for subscription contracts
188.8.131.52. The Contract is for the supply of goods which have become mixed inseparably with other items after delivery
13.1. The Goods may be sent to you in instalments. You may cancel the outstanding part of your order and receive a refund of
13.1.1. the balance of the price and any VAT you paid to us in respect of the outstanding part of your order.
If you have a comment, concern or complaint about any Goods you have purchased from us, please contact us via email at firstname.lastname@example.org or by post at 17 Longacre, Woodthorpe, Nottingham, NG5 4JS.
15.1. Goods sold or licensed by us and Website content may be subject to copyright, trade mark or other intellectual property rights in favour of third parties. We acknowledge those rights.
15.2. The content of the Website is protected by copyright (including design copyrights), trade marks, patent, database and other intellectual property rights and similar proprietary rights which include (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks, utility models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or improvements upon or
additions to an invention, confidential information, know-how and any research effort relating to Professional Audio Cables Ltd moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world) and you acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licenses.
15.3. You may download or copy the content and other down loadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.
15.4. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
15.5. You acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.
15.6. No licence is granted to you in these Conditions to use any of our trade marks or those of our affiliated companies.
7.1. Notwithstanding any other provision in the Conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for:
17.1.1. Death or personal injury resulting from our negligence
17.1.2. Fraud or fraudulent misrepresentation
17.1.3. Action pursuant to section 2(3) of the Consumer Protection Act 1987
17.1.4. Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability
17.2. The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
17.3. We will not be liable if the Website is unavailable at any time.
17.4. We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.
17.5. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage resulting from action taken in reliance on material or information contained on the Website.
17.6. We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or as a result of your downloading, streaming or otherwise accessing any Digital Content supplied on the Website or from any website linked to it.
17.7. We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so.
17.8. We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent misrepresentations) or otherwise for:
17.8.1. any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings and any loss related to your business, the extent of which was not foreseeable at the time of the contract); or
17.8.2. any loss of goodwill or reputation; or
17.8.3. any special losses or losses not normally reasonably foreseeable at the time of the contract; or
17.8.4. any loss of data; or
17.8.5. wasted management or office time; or
17.8.6. any other loss or damage of any kind suffered or incurred arising out of or in connection with the provision of any matter under these Conditions and/or the Contract and/or the use of this Website or any aspect related to your agreement to purchase the Goods even if such losses are foreseeable or result from a deliberate breach of these Conditions by us that would entitle you to terminate the Contract between us or as a result of any action we have taken in response to your breach of these Conditions. Without prejudice to the terms of this clause and in the event that we are unable to rely upon it, our liability for all and any losses you suffer as a result of us breaking the Contract, whether or not deliberate, including those listed in clauses 17.8.1 to 17.8.6, is strictly limited to the total of the price of and any delivery charges you paid for the Goods.
17.9. You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.
17.10. This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.
18.1. You acknowledge that any review, feedback or rating which you leave may be published by us on the Website and you agree that it may be displayed for as long as we consider appropriate and that the content may be syndicated to our other websites, publications or marketing materials.
18.2. You undertake that any review, feedback or rating that you write shall:
18.2.1. Comply with applicable law in the UK and the law in any country from which they are posted