Ebsel Shop Terms and Conditions
Issue 2 05/02/2008
Terms and conditions
1. About the terms and conditions
In these terms and conditions "we" and "us" mean Ebsel Pro Audio Ltd and "you" or "your" means you the customer, "Products" or "Services" means any products or services that we are to supply to the Customer. These terms and conditions together with your Order Confirmation constitute the Contract between us and you for the supply of Products. No other terms and conditions shall apply. The Contract cannot be varied unless we agree to vary it in writing or by email.
2. Ordering
2.1 i) You may place your order for products at the Ebsel online store, ii) Printing off an online order form and sending via post to:
Ordering Unit
Ebsel Pro Audio Ltd
Suite G7
Prospect Business Park
Leadgate
County Durham
DH8 7PW
No other method of ordering is acceptable
2.2 Once an order has been placed, we will issue you with a reference number; this number is for reference purposes only and is not a confirmation of your order.
2.3 By placing an order, you have made us an offer to purchase the products you have selected based on these terms and conditions.
2.4 We reserve the right to decline your offer. If we decline your order we will notify you by email, phone or post.
2.5 If we accept your order, we will notify you by issuing a written "Confirmation of Order" by email or post. The confirmation will be effective on sending.
2.6 Please check the Conformation of Order form and notify us of any mistakes immediately by post, email or phone, using your reference number.
2.7 If there is an occasion where we are unable to supply the products you have requested, we will inform you, and repay any money you have paid with respect to the product ordered.
3. Supply of Your Products
3.1 Subject to these terms and conditions, we will supply to you the Products indicated on your Order Confirmation, once payment has cleared.
4. Prices
4.1 The price of the product ordered will be stated clearly, on your invoice, this price is the price of the product including VAT.
4.2 Customers must make payment of orders in the local currency of the delivery address stated at the time of placing an order. Orders not paid in the local currency may be cancelled by us.
See currency table for more details.
5. Payments
5.1 You may pay for your products by credit or debit card using PayPal™, by cheque, and postal cheques only.
5.2 If you pay by card using PayPal™ this payment must be made when you place your order.
5.3 If you pay by cheque or postal cheques your product will be despatched once your payment has cleared
5.4 Payments made, must pay in the currency stated on your invoice.
5.5 If we do not receive payment within 30 day of issuing the "confirmation of order" notice, your order will be cancelled.
6. Delivery
6.1 Products will be delivered to the delivery address as shown on your order form.
6.2 We will dispatch your order, within 14 working days, after payment has been received
6.3 Certain products may be shipped by post and cannot be tracked once; they have entered the postal system.
6.4 The Customer must inspect the goods as soon as is reasonably practicable after delivery and advise Ebsel within 48 hours of receipt of any damaged goods or incorrect goods by emailing info@ebsel.com. On receipt of specific instructions from Ebsel, any damaged goods must be returned complete and securely packed. Ebsel will arrange for the damaged goods to be collected and a replacement sent out.
6.5 Unless otherwise stated at delivery, the risk of damage to or loss of product will pass to you when the products are delivered to the customer.
7. Force Majeure
7.1 Ebsel Pro Audio Ltd is not liable for delays in performance, delivery, service or any non performance of our obligations caused by circumstances beyond our reasonable control, which for the avoidance of doubt shall include, but not limited to strikes, acts of terrorism, war, supplier, transport, production problems, governmental or regulatory action, acts of God and natural disasters. If this lasts more than 60 days, this agreement may be terminated by either party without compensation.
8. Return of Products
8.0 If you are not satisfied with any Product you have purchased from us, you may return the product to us and obtain a refund of sums paid for the product, if you contact us within 7 Calendar Days of delivery of the product being delivered. You will not have to give us any reason for return. However, you may not return a Product and claim a refund if the Product has:
8.1Has been taken out of its sealed package in which it was delivered
8.2 If you withdraw your order prior to delivery you must notify us in writing via email or post quoting your reference number.
8.3 If you have received the product before notify us of your withdrawal, unless you have removed the products from the packaging you may return the product to us at your own cost and risk. If you have notified us and the products have already been despatched, you should return the product unpacked to us, at your own cost and risk.
8.4 Once we have received your notification of withdrawal, any money debited to us, will debited back to you as soon as possible if not within 30 days, provided that the products have been received by us in the condition they were on delivery to you.
9. Warranty Provision
9.1 Any Ebsel product proved defective in material or workmanship for a period of one (1) year following the date of original purchase. Exceptions are for those repairs made necessary by reason of misuse, alteration, normal wear, or accident are not covered under this warranty.
9.2 Ebsel Pro Audio Ltd assumes no risk and shall be subject to no liability for damages or loss resulting from the specific use or application made of the product. In no event will Ebsel Pro Audio Ltd be liable for any special, incidental or consequential damages (including loss of use, loss of profit and claims of third parties) however caused, whether by negligence of Ebsel or otherwise.
9.3 This warranty provides you with specific legal rights. You may also have additional rights, which are subject to variation from state to state, country to country.
9.4 If there is a dispute regarding the warranty of product that does not fall under the warranty conditions stated above. Please include a written explanation with the merchandise when returned pursuant to the terms and conditions set forth herein.
9.5 If you are a consumer, this warranty is in addition to and does not affect your statutory rights
9.6 Ebsel Pro Audio Ltd may revise its limited warranty from time to time, but any such change will not affect products ordered by you prior to the date of such change.
10. Our Liability
10.1 These terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the Products (and performance and warranty services) and the performance of any Services.
10.2 There are no warranties, conditions or other terms that are binding on us except as expressly stated in the Contract.
10.3 Any warranty, condition or other term concerning the Products or Services which might otherwise be implied into or incorporated in the Contract by statute, common law, laws applicable in the country where you purchased the Products or Services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded to the maximum extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
10.4 Nothing in the Contract shall limit or exclude our liability (i) for death or personal injury caused by our negligence or (ii) for fraud or (iii) any breach of the obligations implied by applicable compulsory national laws as to title or (iv) any liability which cannot be excluded by law.
10.5 Subject to clause 10.4 Regardless of the nature of the claim or the reasons for the loss and damages, Ebsel Pro Audio Ltd, liability is limited to foreseeable and direct damages only. We will not under any circumstances be liable to you or any other person for any loss of use, loss of production, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, special, indirect or consequential loss or damage or punitive damages, whether in contract, tort or under any other theory of law or equity, arising from, connected with, or relating to the use of the Websites by you or any other person.
10.6 Subject to clause 10.4 our maximum aggregate liability under the Contract whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the purchase price of the product that is the subject of the claim.
10.7 The exclusion of certain warranties and the exclusion or limitation of certain liabilities is prohibited by law in some jurisdictions. Such limitations may apply to you. The warranty disclaimer and liability exclusion and limitation clauses survive indefinitely after the termination of this Agreement
10.8 This does not affect your statutory rights as a consumer, or your right to return the Products
11. General
11.1 Any failure by Ebsel Pro Audio Ltd to enforce any provisions of the contract shall not be construed as a waiver of any rights under such provision. In the event that any part of this agreement is held unenforceable, the remaining provisions of the agreement shall remain in full force and effect.
11.2 In the event you breach the terms of this agreement or if any claims are made against Ebsel Pro Audio Ltd (its employees or directors) you shall be liable for all damages, costs, judgements, expenses (Inc fees) which it incurs.
11.3 The construction validity and performance of these Terms and Conditions and any contract incorporating these Terms and Conditions shall be governed by the Laws of England and the English Courts shall have exclusive jurisdiction.
Any rights not expressly granted herein are reserved
For further clarification please email, info@ebsel.com
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