Westend DJ Conditions of Sale
1) GENERAL:
Unless otherwise agreed in writing these conditions constitute the only
conditions upon which WESTEND DJ (The Company) are willing to supply
the goods to any person wishing to purchase goods (The Purchaser) from
the Company. All orders are accepted and executed on the understanding
that the Purchaser is bound by these conditions. These conditions shall
prevail over any terms and conditions in the Purchasers order or other
document issued by the Purchaser except where expressly agreed to by
the Company in writing.
2) PRICES:
All prices are executed subject to the quoted price which shall supersede
any pricelist of the Company whether published or unpublished.
3)
If the items ordered are not in stock, Customers will be informed via
e-mail or telephone. Customers reserve the right to cancel an order placed
on items not in stock if unsatisfied with the delivery alternative.
Items that are newly released on pre-order will be dispatched at the
earliest opportunity. Stock items which are ordered with the new release
items can be delivered to the Purchaser at an extra charge if required.
4)
Goods supplied by the Company shall be at the Purchasers risk immediately
on delivery to the Purchaser or in custody on the Purchaser's behalf.
5) (A)-WARRANTY:
The Purchaser is entitled to the benefit of any warranty or guarantee
received by the company from the Manufacturer of goods supplied.
The company shall not be liable for:
(i)
Any defects resulting from wear and tear, accident, improper use by
the Purchaser other than in accordance with the instructions or advice
of the Company or the Manufacturer of the goods.
(ii)
Suitability of any goods for any particular purpose or use under specific
conditions whether or not the purpose conditions were known or communicated
to the Company.
(iii)
Any technical information, recommendations, statements or advice furnished
by the Company or its servants not given in writing in response to a
specific request from the Purchaser before the contract is made.
In the event of any faults arising during the guarantee period:
(i)
The Purchaser shall be responsible for the return of all faulty goods
in its original packing or suitably packed to the Company.
(ii)
The Company reserves the right to carry out the repairs itself, its
agents or return the goods for repair to the Manufacturer as the Company
in its absolute discretion sees fit.
Where the goods are sold under a Consumer Transaction (as defined by
the Consumer Transactions (Restrictions of Statement) Order 1976) the
statutory rights of the Purchaser are not affected by these conditions.
6) RETURN OF GOODS:
A handling charge of 15% or £10, whichever is greater, will be deducted from the invoice value by
the Company where it is established that the reason for return of the
goods was not subject to provisions of clause 5 of these Conditions or
through any error on the part of the Company. All goods must be returned
in their original packing.
7) CLAIMS:
Claims for missing items, non-delivery or damage to goods in transit
must be made within 7 working days of expected delivery time. Any claims
made after this time will not be accepted.
8) DEAD ON ARRIVAL:
Any new goods that are found to be faulty maybe returned for replacement
or a refund in which case the Purchaser has to notify WestEndDJ within
7days of the receipt of goods.
9) PAYMENTS:
We accept the following cards ACCESS, DELTA, MASTERCARD, SOLO, SWITCH,
ELECTRON and VISA.
We deliver only to the card holders billing address.
We reserve the right not to proceed with the order if we are unable to
verify security details such as the billing address. We may ask the customer
to supply proof of address in such cases.
Your credit or debit cards will be charged at the time of ordering in
order to secure the goods.
Cheques both personal and business are welcome but will require clearance
before shipment of any goods takes place. Clearance will take up to 7
working days from when cheque is received.
Funds may also be transferred directly into our bank account (or pay
cash) in such cases goods will be dispatched as soon as the funds have
cleared. Special clearance of cheques will be subject to a £15 charge.
No title of goods shall pass from WestEndDJ to the Purchaser until Payments
have been received in full. The Purchaser has full responsibility for
the goods from the time of delivery and liability to insure that the
goods then rest with the Purchaser.
10)
All products are subject to availability.
11)
All products are covered by a one year's Manufacturer's warranty.
12)
Line Faders, Cross Faders and Stylus are not guaranteed unless otherwise
stated.
13)
Goods are not supplied on a trial or rental basis.
14)
All displayed and advertised prices are inclusive of VAT unless otherwise
stated.
15)
We assume that our Customers are aware of the functions and compatibility
of products and are competent in setting up the equipment bought from
us. Customers who are unsure about the functions and are less knowledgeable
about the products are free to contact us.
16)
Once opened, headphones cannot be replaced or refunds cannot be given
due to hygiene reasons but can be sent for repair if within the guarantee
period.
17)
All products are insured by WestEndDJ on delivery.
18)
Re-delivery of goods after failed delivery where WestendDJ or their
couriers are not at fault may require re-delivery and /or return delivery
charges.
19)
Orders placed and cleared* by 4pm weekdays will be dispatched the same
working day for expected delivery in UK mainland the next working day.
If any delays arise in clearance of the order then WestEndDJ will contact
the Purchaser to inform the Purchaser (Barring Systems Failure etc).
20)
WestEndDJ reserves full rights to cancel an order if not fully satisfied
with any security criteria.
WestEndDJ Defines cleared orders as orders that have cleared funds and
passed security checks fully.
21)
All product descriptions and illustrations which are featured in our
advertisements, web sites and brochures are correct at the time of going
to press or in the case of web pages, the web site going 'live.' If there
are any changes to products Purchasers will be notified when ordering
by mail order.
22)
The following terms and conditions apply to mail order Consumers as
defined in the Consumer Protection (Distance Selling) Regulations 2000.
The Purchaser shall, according to the terms set out in this clause,
have the right to cancel an order within 7 working days after the date
of delivery by the Company to the Purchaser provided that he or she gives
written notice of such cancellation.
(A)
If the Purchaser cancels a contract, WestEndDJ shall, according to the
regulations refund any payment made by the Purchaser within 28 Days from
the day on which He or She cancelled the contract, however that the Purchaser
shall not be entitled to a repayment in the event that:
(A1)
The Purchaser does not pay due care and attention of the goods either
prior or following the cancellation of the contract whilst the goods
remain in the Purchasers possession. The Purchaser shall not be refunded
if the goods are not packed in their original box, with all entireties
e.g. manuals, cables etc. and if the internal or external packaging has
been damaged or misused in any way.
(A2)
The Purchaser marks or damages the goods or returns them in a different
condition to what he or she received on delivery.
The Consumer is entirely culpable for the cost of returning any goods
to WestEndDJ. This applies to refund, replacements and repairs.
WestendDJ will refund the value of the goods less a 15% or £10 charge (whichever is greater) for administration and re-stocking costs.
23) CONSEQUENTAL LOSS:
(a)
The Company shall not be liable for any loss sustained by any personal
damage to any property whatsoever and howsoever arising directly out
of or in consequence of any act or a mission by the Company in the supply
of goods including delay, loss of profit and liability to third parties.
(b)
Nothing contained in these terms and conditions shall affect the Companies
liability under the 'unfair contracts terms act 1977' for death or personal
injury caused by the negligence of the Company.
24)
This contract and these general conditions of sale shall at all times
be construed in accordance with and subject to jurisdiction of the courts
in England.
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