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Terms and Conditions of Sale

 

This page outlines the Sight and Sound Technology Limited, (the Company) contract with you, (the Buyer). 

 

Definitions

 

Buyer: The client/customer/organisation which/who is purchasing goods and or services from the Company for domestic or commercial use.

 

Company: Sight and sound Technology Limited, a company registered in England and Wales, (registration number 1408275), whose registered address is:

Sight and Sound Technology

Welton House North Wing,

Summerhouse Road,

Moulton Park,

Northampton

NN3 6WD

 

Goods: any product and or service to be supplied by the Company and purchased by the Buyer.

Contract: any contract between the Company and the Buyer for the sale and purchase of Goods, incorporating these conditions.

 

Credit Terms 

Payment on orders placed with a purchase order should be made within 30 days of the invoice date. Details on how to make payments will be provided in the invoice.

 

Application of Terms

The contract shall be undertaken on these conditions to the exclusion of all other terms and conditions, (including any terms or conditions to which the Buyer assumes to apply under any purchase order, confirmation order, specification or other document). These conditions will apply to all of the Companies sales and any alteration to these conditions and representations shall have no effect unless previously agreed in writing. The Buyer acknowledges that they have not relied on any statement, representation or promise, made by or on behalf of the Company unless detailed in the contract. 

 

When we show an item for sale this does not constitute a legal offer to sell those items. By placing an order you make an offer to purchase, which the Company may at its discretion accept. Subject to availability we will communicate our acceptance to you by e-mail, fax or telephone. 

 

We may treat separate items ordered as separate orders. Any items on the same order which we have not confirmed in an email do not then form part of that contract. It is the responsibility of the buyer to ensure that the terms of the order and any related documents are complete and accurate.

 

Cancellation of Order

The Buyer may cancel an Order before it is dispatched by giving written notice to the Company. Subject to any rights the Buyer might have under the Consumer Protection (Distance Selling) Regulations 2000 (where applicable), if the Buyer cancels an order, then the Buyer shall be responsible for the cost of return of the goods.

 

 

Deliveries

The delivery of goods shall take place at the delivery address noted by the Buyer at the time of confirmation of purchase, unless otherwise agreed in writing by the Company.  

Any dates for delivery of Goods made by the Company are estimated delivery dates only and shall not be made of the essence. The Company aims to dispatch order within 1 to 7 days from receipt of order, and no later than 28 days. If no date is specified, delivery will be within a reasonable time. 

 

Delivery may be made by post, courier, freight or Company vehicle made at the Companies discretion. 

 

If the Buyer fails to accept delivery of any of the Goods when ready for delivery, or the goods are unable to be delivered by the Company because the buyer has not provided appropriate details, instructions, licences or authorities:

 

(i) The goods shall be deemed to be delivered; and 

(ii) The Company shall store the Goods until a new delivery is scheduled with the Buyer. At the Companies discretion, the Buyer may be liable for all reasonable storage and related costs until the rescheduled delivery is made.

 

Non-Delivery

The quantity of Goods recorded by the Company at the time of dispatch shall be conclusive evidence of the quantity received when signed for by the Buyer upon delivery.

 

Any liability undertaken by the Company shall be limited to replacing the Goods within a reasonable time or issuing a credit note against any invoice raised for such goods. 

 

Ownership and Title

The Products will be at the Buyers risk from the time of delivery. Ownership of the Products will only pass to the Buyer after the Company receives full payment of all sums due in respect of the Products (including delivery charges).

Until ownership has passed to the buyer, the Buyer shall;

 

(i)             Hold the Goods on behalf of the Company;

(ii)            Store the Goods, at no cost to the Company, separately and identifiably away from other Goods of the Buyer or any other third party;

(iii)           Maintain the Goods in a satisfactory condition and fully insured on the   Companies behalf against all risks. 

 

If the Buyer is in possession of the Goods but ownership has not yet passed to the Buyer, the Buyers rights to possession of the Goods shall terminate immediately if any form of bankruptcy, liquidation, arrangement of composition with creditors or any form of proceedings are commenced relating to the insolvency or possible insolvency of the Buyer or the Buyer is unable to pay its debts within the meaning of the Insolvency Act 1986, the Company shall be entitled to recover payment for the Goods. 

 

Intellectual Property Rights

All intellectual property rights in the Goods belong to the Company or its licensors absolutely. All intellectual property rights created, developed or discovered by the Company (whether alone or with any other person including the Buyer) in the provision of the Goods shall belong to the Company absolutely.

The Buyer may not make or distribute copies of the Goods;

(i)             Sell, sub-licence or transfer the Goods or Services to any third party;

(ii)            Make any public presentation using the Goods or any printed copy of the same without the prior written consent of the Company save that DVDs sold by the Company to the Buyer may be used in public presentations, for example, training courses, provided that the Buyer purchases from the Company one copy of the DVD for each individual attending the presentation.

(iii)           The Buyer shall notify the Company immediately if the Buyer becomes aware of any claim made against the Buyer that normal use or possession of the Goods infringes or is alleged to infringe the intellectual property rights of any third party.

(iv)           If at any time in connection with any Contract the Buyer (whether alone or with any other person) creates any intellectual property related to the subject matter of the Contract, the Buyer shall treat such intellectual property and all information relating to it as confidential to the Company and shall promptly disclose to the Company full details of such work. The property, including all intellectual property rights in such work shall vest in the Company absolutely and the Buyer agrees to assign the same to the Company and the provisions of (vi) below shall apply.

(v)            The Buyer hereby irrevocably and unconditionally waives in favour of the Company any and all moral rights conferred on the Buyer by virtue of the Copyright Designs and Patents Act 1988 for any design or copyright work referred to in (iv) above.

(vi)           Notwithstanding any prior termination of a Contract, at the request of the Company, the Buyer shall do all things necessary or desirable to enable the Company or its nominee to confer absolute title to and ownership of and to obtain the benefit of the rights including the intellectual property referred to in (iv) above and to secure patent or other appropriate forms of protection for it throughout the world.

 

Refunds and Returns

If you are unhappy with your purchase you may return the item within 14 days of the date of delivery, in its original packaging and condition for a refund of the price paid. For your protection please ensure that you retain proof of postage and use a recorded method of courier. The Company cannot be held liable for Goods not received.

The Company operates a Returns Policy with guidelines to expedite the Returns procedure. Please read this policy before returning any item to us. Upon receipt of an RMA number, please send returns to:

Sight and Sound Technology Ltd

Returns Department

Welton House North Wing

Summerhouse Road

Moulton Park

Northampton

NN3 6WD

 

The Company cannot accept returns of Goods specifically ordered on your behalf; personalised, modified or customised to the Buyers requirements unless the product is faulty. All returns and shipping costs are the responsibility of the Buyer unless the product is received faulty

 

 

 

Distance Selling Regulations

The Buyer has the right to cancel the contract if he wishes and that right can be exercised by delivering, or sending (including by electronic mail) a cancellation notice to the Company at any time within the period of 7 (seven) days starting with the day of receipt of a notice in writing of the right to cancel the contract. Cancellation should be communicated in writing or by email to the Company, address as shown above.  

Cancellation is deemed to be served as soon as it is posted or sent to the Company or in the case of an electronic communication from the day it is sent.

 

Price

Unless otherwise agreed in writing with the Company, the price of the Goods will be the price shown on the Company’s website at the time of purchase. 

The Company makes every effort to ensure that the prices listed on the Company’s website are true and accurate, if however a mistake is made the Company retains the right to inform the Buyer of a change in price up to the point of receipt of Goods is made by the Buyer. In such circumstances the Buyer must, within a reasonable time, confirm the amended price is suitable or to cancel their order. If the Buyer has placed a deposit for the goods, the deposit will be refunded in full. If the Goods in question is part of a larger order of Goods, these provisions apply only to that item of Goods. 

 

 

Tax Charges 

Because 90% of our sales are to disabed clients and customers who qualify for a VAT concession, all prices shown in the online catalogue are exclusive of VAT. Orders received from UK non-concession customers and businesses will be subject to VAT at 20%, unless varied by the government to which the prevailing rate will be applied.

 

Our VAT Number is GB 927 3886 80

 

For orders from elsewhere in the European Union we have to charge tax at 20% unless you supply your Sales Tax Number (the equivalent of the UK VAT Registration Number). Please use the box where you enter your address details to provide the number. A charge for VAT will be shown in your order confirmation but you should ignore this and it will not be included in your invoice.

 

For orders from outside the European Union we will not charge any tax on your order. A charge for VAT will be shown in your order confirmation but you should ignore this and it will not be included in your invoice.

 

Most of the products that we sell are exempt from VAT, under VAT Notice 701/7.

 

VAT Relief

Many products that we sell can be purchased at a price exempt from VAT. This is known as VAT relief and is subject to the following rule:

The product in question must have been designed specifically for use by people with a disability and is being purchased by, or on behalf of, someone who is disabled.

During the process of submitting your order you will be presented with a checkbox (providing your order contains at least one product that is liable for VAT relief) where you can tell us if you think you qualify for the relief. If you click this checkbox then the VAT on the relevant product(s) will be removed. Products that don't qualify for VAT relief will be charged with VAT at 20% as normal. Our Carriage Charge will also be subject to VAT, even if all the products in your order are not.

For us to complete your order and take payment with VAT relief applied you must complete and return a 'VAT Exemption' form to us. The form can be completed online in our Webshop.

Please note: VAT Relief can only be applied for by private UK based customers or registered charities.

 

 

Payment

Payment of Goods is due in Pounds Sterling.

Time for payment shall be of the essence. No payment shall be deemed to have been received by the Company until the Company has received cleared funds. 

All payments due to the Company under contract will become due immediately upon termination of contract. 

The Buyer shall make payment in full without deduction by way of set-off, discount, counter-claim, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to the deduction to be paid by the Company to the Buyer. 

 

Warranty

The Company warrants to the buyer that Goods will be covered by the relevant manufacturer warranty. Should the Goods become defective within this period, the Company shall, at its option, repair or replace at the goods or only the defective part, within a reasonable time. 

 

The Company shall not be liable for breach of warranty if;

(i)             The Buyer continue to make use of the goods after giving notice of fault to the Company;

(ii)            The defect arose due to the buyer, or any related individual to the buyer, failing to follow user instructions, maintenance, general upkeep of Goods or practice;

(iii)           The buyer alters or makes repairs to the Goods including failure to maintain.

 

The Company does not warranty Goods for;

(i)             Damage caused by incorrect assembly, unreasonable use, or failure to carry out maintenance;

(ii)            Defects caused by alterations, modifications or unauthorised third party repair,

(iii)           Accidents or failure to follow instructions;

(iv)           Any Goods which may wear and require replacement as general maintenance;

(v)            damage caused by third party, other than the Company;

(vi)          Any instruction given by the Buyer and correctly performed by the Company. 

 

Force Majeure

The Company shall not be liable for any loss or damage whatsoever caused by its failure to perform any obligation under the contract where the cause of such loss is outside of the reasonable control of the Company. In the event of the Companies inability to perform its obligations under contract for a period of more than 30 days the Buyer may, at their discretion, cancel the order of Goods, by stating so in writing to the Company.

 

Data Protection 

Personal details will be held and/or transferred in strict accordance with the applicable data protection laws. Your personal details will not be disclosed to any other company, unless made clear at the point of supply of such details or if expressly written thereafter, and will only be used to keep you updated with our products. You may, however, instruct the Company not to use your details for direct marketing purposes. Please read our Privacy Policy.

 

Complaints

The Company aims to provide the best quality service. However if we do not meet your requirements please contact us and we shall aim to deal with your complaint within 7 working days of you contacting us. Such contact can be made by telephone, e-mail or post.

 

Disclaimer

In the event that Goods may require assembly at the buyers address, or otherwise, the assembly should be undertaken by a qualified and competent adult and in accordance with the instruction manual provided. Any mechanical adjustments required within general maintenance are not covered by warranty. 

 

The Company accepts no liability for inconvenience or any loss whatsoever caused by failure to observe the information within the ‘Complaints’ section. 

 

Neither the Company nor any of its affiliates, directors, employees of other representatives will be liable for damages, liabilities of losses arising from the use or in connection with the use of Goods.

 

The information contained on this website is for your guidance only, it cannot cover all circumstances, and should not be taken as professional advice, law and nor is any suggestion a recommendation. Mention of any other organisation or website does not imply approval or warranty as to their standing or capability.

 

The Company reserves the right to cancel any order or contract between the Company and the Buyer for whatsoever reason if a member of the Company feels it is reasonable to do so. Such instances would be, for example, if an incorrect price had been listed on our site and the Buyer had made an offer of Contract to the Company. The Company may confirm the contract prior to identification of the error. At the point of identification of the error the Company may terminate the Contract with the Buyer in writing within 24 hours. 

 

General

If you wish to look at our privacy policy you can do so on the Privacy Policy page. 

 

If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable. 

 

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. 

 

We may amend this User Agreement at any time either by e-mail or by posting the amended terms on the Website. 

 

The parties to the contract do not intend that any term of the contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not party to it.

 

Except as stated elsewhere in this User Agreement, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. This User Agreement may not be otherwise amended except in a writing signed by you and us.

 

Jurisdiction

The agreement shall be governed by and construed in accordance with English law and the Courts of England shall have jurisdiction to hear all disputes arising in connection with the agreement.