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Effective from 14.05.12


This document sets out the terms and conditions by which Distributed Sound & Video offers to supply products advertised for sale on our website store.dsavltd.co.uk.  By accessing information from this website you agree to be bound by the “Terms and Conditions of Use”, and by ordering any products, you agree to be bound by the “Terms & Conditions of Sale” as set out below. Please read the Terms & Conditions carefully and keep a copy for future reference.

 

Terms & Conditions of Use

The store.dsavltd.co.uk website (our "Website") is operated by Distributed Sound & Video Ltd.  Our registered office is situated at 46 Ashby Drive, Rushden, Northamptonshire, NN10 9HH. We are a company registered in England and Wales under company number 057 37512 and we are registered for VAT, our VAT number is GB 884 1177 06.

1.    WEBSITE USE
1.1   Please note: we may, without notice modify and/or discontinue operation of all or portions of this Website at any time. We will not be liable for any losses that you may suffer if this Website is unavailable at any time or for any period or your access to our Website is interrupted, restricted or delayed.
1.2   By using our Website you agree not to attempt to access our systems and you agree not to post on or transmit to or from it any material that is defamatory, obscene, discriminatory or in breach of confidence or privacy or a third party’s rights. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of or to locate anyone posting any material onto our Website in breach of this Condition. 
     
2.   WEBSITE CONTENT
2.1   All information made available from within this website is provided "as is" for information purposes only and without warranty of any kind either express or implied, including but not limited to any warranties as to non-infringement of rights merchantability or fitness for a particular purpose.
2.2   Information contained in this website may contain technical inaccuracies or typographical mistakes. Information may be changed or updated without notice and any queries relating to the information including queries as to its currency and accuracy should be addressed to the person or persons stipulated in the Specific Conditions on the appropriate pages relevant to the goods or services sought. 
     
3.   WEBSITE SECURITY
3.1   The User assumes full responsibility for the protection of their computer system including computer hardware software and stored data on their computer system including hardware software and stored data of third parties who may access or be otherwise connected to the Users computer system. The User will assume the responsibility of ensuring that programs or other data downloaded or otherwise received from this website are free from viruses, worms, Trojan horses or other items of a destructive nature.
3.2   Distributed Sound & Video will take reasonable steps to ensure that data transmitted electronically to Distributed Sound & Video via the site or otherwise and stored by Distributed Sound & Video is not accessed by unauthorised third parties in accordance with the requirements of the Data Protection Act 1998. The User accepts the risk that data transmitted electronically to Distributed Sound & Video via this website or otherwise may be intercepted before reaching Distributed Sound & Video or accessed from the Distributed Sound & Video data storage by unauthorised parties and may be exploited unlawfully by such third parties.
3.3   Distributed Sound & Video makes no representations as to the security quality or propriety of any website which may be accessed through this website and accepts no liability for the content or for any loss or damage caused or alleged to have been caused by the use of or reliance on information contained in such websites or goods or services purchased there from. Connected websites accessed through this website are independent websites over which Distributed Sound & Video does not exercise any control whether financial editorial or of any other kind and are not in any way endorsed by Distributed Sound & Video.
     
4.   LINKS TO THIS WEBSITE
4.1   Links to this website are welcomed provided that they have been notified to and approved by Distributed Sound & Video in advance.

 

Terms & Conditions of Sale

Personal data ("Data") provided by the Customer in the Contract will be processed by each party in accordance with the Data Protection Act 1989 as amended from time to time. Data processing will be accomplished through electronic and non-electronic means, for the purpose of these Conditions. Distributed Sound & Video undertakes in respect of any Data of the Customer processed under these Conditions to maintain such Data under appropriate, commercially reasonable and sufficient technical and organisational security measures to protect such Data or information and both Party warrants to have undertaken all appropriate registrations under relevant EU data protection legislation. Distributed Sound & Video's privacy policy shall apply to orders placed. A copy of the policy can be found on our website at  store.dsavltd.co.uk/privacy-policy

1.   DEFINITIONS
1.1   Distributed Sound & Video’ means Distributed Sound & Video Ltd also referred to as "we" or "us" in these terms and conditions.
1.2   ‘Business Customer’ means a customer who is not a Consumer.
1.3   ‘Consumer’ means an individual who is not acting for the purposes of his or her business or profession.
1.4   ‘Catalogue’ means the catalogue of products and services offered by Distributed Sound & Video.
1.5   ‘Contract’ means any contract between you and us for the sale and purchase of Goods or Services, incorporating these Terms.
1.6   ‘Goods’ means an individual product or good including Software as described in our literature or website.
1.7   ‘Normal Working Hours’ means 9 am to 5 pm on a Working Day.
1.8   ‘Order’ means an order for Goods or Services made by you in accordance with these Terms.
1.9   ‘Order Confirmation’ means our written acceptance of your Order.
1.10   ‘Services’ means service and support provided by us to you.
1.11   ‘Working days’ means Monday to Friday, excluding Bank or other Public holidays.
    Please note that special terms apply to Consumers, which prevail over the other provisions of these terms and conditions. Customers who are Consumers are referred to Clause 11. 
     
2.   ORDERS
2.1   When you place an Order for Goods or Services, this will be regarded as an offer by you to purchase the Goods or Services subject to these Terms.  We shall not be obliged to accept your offer; offers may be rejected at our discretion.
2.2   We will send you an Order Acknowledgement shortly after you have placed your order, notifying you that we have received your Order. This is not an order confirmation or order acceptance by us.
2.3   All orders are subject to acceptance by us. We will accept your offer and create a Contract with you by sending to you an Order Confirmation once we have confirmed availability of the Goods or Services, verified your credit card or payment details as necessary and prepared the Goods for dispatch. We reserve the right to obtain validation of your credit or debit card details before providing you with any Goods or Services.
2.4   The Order Confirmation will be binding on you unless there is an inadvertent discrepancy between the Goods or Services that you ordered and those detailed in the Order Confirmation. You should notify us as soon as you become aware of any such discrepancy.
2.5   If we cannot supply the Goods ordered by you, we reserve the right to offer alternative Goods of equal or superior quality. Any such changes will be detailed in the Order Confirmation. In such cases, if you do not wish to accept the alternative Goods offered, you may cancel the Order and require the refund of any money paid to us in respect of that Order, including carriage charges. This shall be your sole remedy.
2.6   We make every effort to supply the Goods as advertised but reserve the right to supply the Goods subject to minor variations in actual dimensions and specifications where these are changed by the manufacturer. Images of Goods are provided for illustrative purposes only and the actual Goods you receive may differ from the image displayed in the catalogue or on our website, especially with generic products.
2.7   When you place an order you are undertaking to us that:
(a)   all details you provide to us for the purpose of purchasing goods or services offered on our web site are correct, and
(b)   the credit or debit card you use to make a purchase from us is your own card or your company's card, that you are authorised to use it, and that there are sufficient funds or credit facilities to cover the cost of any goods or services you order from us. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.
2.8   Our privacy policy shall apply to orders placed.  A copy of the policy can be found at  store.dsavltd.co.uk/privacy-policy
     
3.   PRICES AND PAYMENT
3.1   Goods and services are invoiced at the price prevailing at time of acceptance of order. VAT is charged at the rate applicable at the time of invoicing or otherwise in accordance with the law.
3.2   We reserve the right to modify the prices from time to time.
3.3   Our Website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Website may be incorrectly priced. If a Product's correct price is higher than the price stated on our Website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
3.4   Payment is due on shipment unless a Customer has been approved for credit.
3.5   Payment is deemed to have been effected by the tendering of cash, the clearing of funds, the authorisation of a credit card payment, by the credit card provider or the notification to the Seller of acceptance of credit approval by a finance provider to the Buyer.
3.6   Distributed Sound & Video’s standard credit terms require payment within 30 days from the date of the invoice, except in the case of transactions where different terms are agreed in writing.
3.7   If payment is not made on the due date, Distributed Sound & Video will be entitled to charge interest daily on the outstanding balance at the rate of 3% above Barclays Bank PLC base lending rate from time to time and in any event an administration fee in the sum of £50 shall be applied to each overdue invoice.
     
4.   DELIVERY, TITLE AND RISK
4.1   Distributed Sound & Video shall use reasonable endeavours to despatch goods by the date agreed with the customer, but does not accept liability for failure to deliver within the stated time where this is caused by circumstances beyond our reasonable control, such as delays caused by delivery companies or manufacturer lead times. If a delay is likely, we shall contact the customer and advise of the delay. A customer who is a Consumer shall be entitled to cancel an order when advised of a delay if the revised delivery date is not acceptable.
4.2   In the case of a Business Customer, if Distributed Sound & Video is unable to deliver the goods within 30 days of the agreed delivery date, the Customer will, as its sole remedy, be entitled to cancel the order and require any monies paid to Distributed Sound & Video in respect of that order to be refunded. In order to cancel, the Customer must send written notice of cancellation to Distributed Sound & Video after the above date but before delivery of the goods or notification from Distributed Sound & Video that the goods are ready for delivery. This Clause does not apply to Consumers.
4.3   In the case of Business Customers, Distributed Sound & Video does not accept liability for shortages or damage to deliveries unless the Customer notifies us of the shortage or damage in writing within 48 hours of receipt of the delivery. Consumers should notify shortages or damage within a reasonable period of becoming aware.
4.4   Business Customers are required to be able to accept the goods when they are ready for delivery within Normal Working Hours.
4.5   Delivery is deemed to take place when the goods are delivered to the Customer's nominated address, whereupon the risks of loss, breakage and all damage and all other risks shall pass to the Customer.
4.6   Title in the goods does not pass to the Customer until payment is received in full by Distributed Sound & Video.
4.7   Distributed Sound & Video shall not be liable for further delivery and collection costs where the Customer fails to take delivery at the given delivery address, and after reasonable notification to the Customer that delivery is being attempted, by the Courier.
4.8   If the Customer cannot accept delivery, Distributed Sound & Video may at its option: (a) store and insure the goods at the Customer's expense and risk or (b) sell the goods at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the Customer for any shortfall or (c) re-arrange delivery provided that Distributed Sound & Video may charge the Customer for the additional delivery costs incurred.
4.9   The Customer may request a Proof of Delivery, provided that this request is made in writing within 3 months of the date of delivery and Distributed Sound & Video shall use reasonable endeavours to provide such proof. Thereafter, delivery shall be deemed to have been successfully completed.
4.10   Upon delivery of the goods, the Customer will be asked to sign a Proof of Delivery to acknowledge safe receipt. It is the responsibility of the Customer to ensure that the number of packages delivered corresponds with the number stated on the delivery note. Where a discrepancy occurs or where there is evident damage to the packaging, this should be noted on the Proof of Delivery. Distributed Sound & Video shall not be liable for discrepancies or damage evident on delivery where the Customer accepts delivery and signs the Proof of Delivery without amendment.
     
5.    WARRANTIES AND RETURNS
5.1   Please note that special terms apply to Consumers who wish to return goods, which prevail over the provisions of this Clause 5. Customers who are Consumers are referred to Clause 11.
5.2   Distributed Sound & Video is committed to providing our customers with the highest quality products and service. However, on rare occasions, products may be found to be faulty or defective. In such cases we offer the returns facilities described below.
5.3   Unless otherwise stated in the manufacturer's documentation, all goods delivered to a UK mainland address carry a 12-month manufacturer's warranty.
5.4   If you purchase goods in the course of your business, the following provisions of this Clause shall apply. Other than the express provisions set out in these terms and conditions, all other terms and the implied terms or warranties relating to the supply of goods are excluded to the fullest extent permitted by law. Goods are not tested or sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing.
5.5   Subject to the right of Consumers to return goods for refund under The Consumer Protection (Distance Selling) Regulations 2000 (see Clause 11), Distributed Sound & Video does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before ordering. In some instances, Customers may benefit from special price discounts issued by a manufacturer specifically for their benefit. Such goods are not returnable to the manufacturer and may not be sold to other customers. Accordingly, orders for such goods cannot be cancelled and Distributed Sound & Video can only accept a return of such Goods where they prove to be defective and the Goods are returned for repair or replacement.
5.6   In the event that Distributed Sound & Video, at its discretion (unless the Consumer Protection (Distance Selling) Regulations 2000 apply, see Clause 11), agrees to accept the return for credit of unwanted products, the goods must be returned with Distributed Sound & Video's prior written agreement within 14 days of delivery. The goods must be unopened and in perfect re-saleable condition. All goods returned in these circumstances (except where the Consumer Protection (Distance Selling) Regulations 2000 apply, see Clause 11) will be subject to a handling fee of 15% of Distributed Sound & Video's sale price for the goods, or £20, whichever is the greater.
5.7   Subject to testing to verify any alleged fault, we will accept the return of defective goods for full refund or replacement at our option, if, but only if, the goods are returned within 14 days of delivery. Consumers who wish to return defective products are not obliged to follow the processes set out below, but are recommended to do so as this helps us to provide a more efficient returns service.
(a)   Distributed Sound & Video's Technical Support staff or Customer Support staff, as appropriate, will advise you of which method of delivery to use to return the products. Depending on the nature of the product purchased, we will either arrange a courier collection, or request that you return the product directly to us. If the goods are found on inspection to be defective, the cost of returning the item will be refunded to you. Authorised product returns must be sent to: Customer Returns, Distributed Sound & Video, 46 Ashby Drive, Rushden, Northamptonshire, NN10 9HH.
(b)   All returned goods (except those returned under Clause 11) must be accompanied by our Returns Authorisation Number which can be obtained by contacting Customer Support on 0800 917 4345. Returned goods will not be accepted without a Returns Authorisation Number. Do not write directly on the manufacturer's packaging. Please write the Returns Authorisation number on the address label provided with the Returns Authorisation and attach it to the returned package. Any defacement of the manufacturer's packaging or damage caused by inadequate packaging may result in the rejection of the return or an additional restocking fee, at Distributed Sound & Video's sole discretion.
(c)   Distributed Sound & Video cannot accept liability for packages damaged during transit. It is the Customer's responsibility to wrap the product adequately to prevent damage.
(d)   Proof of postage is not proof of delivery and you are therefore strongly advised to send your package by recorded delivery, registered post or courier, and to insure the goods for their full value.
(e)   On receipt of the returned product, we will test it to identify the fault you have notified to us. If following the testing process, the product is found to be in good working order without defect, we will return the product to you, and the carriage costs of this return will be your responsibility. Please note that if you have, in the meantime, required us to provide you with a replacement product before completion of the testing process, you will have to pay for this product also. This Clause does not apply to Consumers returning goods pursuant to Clause 11.
(f)   Unless otherwise stated in the manufacturer's documentation, all goods delivered to a UK mainland address carry a 12-month manufacturer's warranty. Customers who wish to make a warranty claim must comply with the manufacturer's instructions and warranty procedure. In order to resolve your problem as quickly as possible, we may refer you to the product manufacturer who will deal directly with the return. In these instances, we will provide you with the contact information for the relevant manufacturer. If you are a consumer, this does not affect your statutory rights.
(g)   This warranty shall not apply if the goods have been worked upon, altered or damaged in any way by the Customer or its employees or agents, or to goods not used in accordance with the manufacturer's instructions.
(h)   No software on which seals have been broken can be returned for credit. If any software discs are faulty, the manufacturer will replace them. If you are a consumer this does not affect your statutory rights. Please note Software Licences are non-returnable unless the software is materially non-compliant with its specification or the physical media on which it is supplied is defective.
(i)   Some manufacturers require goods to be returned within 14 days or less in order to secure refund. In such instances the manufacturer's time limit will apply and therefore Distributed Sound & Video will only accept a return within 14 days of purchase or the manufacturer's time limit, if that limit is less than 14 days. This is clearly indicated on the catalogue page for the particular product. We can only accept the return of a defective product that does not meet the description, if they are returned to us within 14 days. Beyond that period you will be deemed to have accepted the goods and you must therefore check the goods promptly on receipt.
     
6.   OUR LIABILITY
6.1   In its dealings with Business Customers, Distributed Sound & Video shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, including (but not restricted to) loss of business or profits, loss of goodwill, damage to trading relationships loss of data and other financial loss. ("Financial loss" in this sense does not refer to the price you have paid for the goods, which we may be liable to refund to you, in whole or in part, if the goods are faulty or do not comply with their description). Distributed Sound & Video’s liability in respect of all other losses shall be limited to the invoiced amount of the relevant order.
6.2   Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury caused by its negligence.
     
7.   FORCE MAJEURE
7.1   Where, in spite of its reasonable efforts, Distributed Sound & Video is unable to perform an obligation due to events or circumstances beyond its reasonable control, it shall not be deemed to be in breach of its contract with the Customer.
     
8.   ERRORS & OMISSIONS
8.1   Distributed Sound & Video makes every effort to ensure that all prices and descriptions quoted in its catalogue and on its website are correct and accurate. However, it is inevitable that mistakes will occasionally occur. In the case of a manifest error or omission, we will be entitled to rescind the contract, notwithstanding that we have already accepted the Customer's order and/or received payment from the Customer. Distributed Sound & Video’s liability in that event will be limited to the return of any money the Customer has paid in respect of the order. In the case of a manifest error in relation to price, the Customer will be entitled to purchase the goods by paying the difference between the quoted price and the correct price, as confirmed in writing by us after the manifest error has been discovered.
8.2   A 'manifest error', as the term is used in sub-paragraph (8.1) above, means, in relation to an incorrect price, a price quoted in error by Distributed Sound & Video which is more than 10% less than the price that would have been quoted had the mistake not been made.
     
9.   CONFIDENTIAL INFORMATION AND DATA PROTECTION
 9.1   Each party shall preserve the confidentiality of all confidential information of the other which it receives, keep such information secure and protected against theft, damage, loss or unauthorised access, and not use such information for any purpose except as contemplated by the Contract. Moreover, each party shall ensure that such obligations are observed by its employees, officers, agents and contractors. These obligations shall survive the variation, renewal or termination of the Contract for a period of three years but shall not apply to information which is already in or subsequently comes into the public domain through no fault of the recipient.
     
     
10.    TRADE NAMES AND TRADE MARKS
10.1   Trade names and marks are not always indications of the actual manufacturer of a particular product and may rather be indicative of general use systems and machines associated with such products.
10.2   In the case of component purchases, if you require a particular brand of product you should, then before placing an order, please check with us to confirm the identity of the manufacturer of the component that you are proposing to purchase.
10.3   Both parties hereby acknowledge the intellectual property rights of suppliers and manufacturers of the Goods appearing in our sales literature and on our website.
     
11.    THE CONSUMER PROTECTION (DISTANCE SELLING) REGULATIONS 2000
11.1   Contracts for the purchase of goods by a Customer not acting in the course of a business and made over the telephone or through the Distributed Sound & Video website, are, with the exception of certain excepted contracts, subject to The Consumer Protection (Distance Selling) Regulations 2000 ('the Regulations').
11.2   If the Regulations apply, Customers may cancel goods purchased from Distributed Sound & Video by informing us of the cancellation before delivery or within 7 working days of receipt of the Goods.
11.3   The notice of cancellation can be made by post or hand delivery addressed to Customer Services at 46 Ashby Drive, Rushden, Northamptonshire, NN10 9HH, or by email to orders@dsavltd.co.uk
11.4   The Customer will be responsible for returning the goods if he or she exercises this right of cancellation under the Regulations. Goods must be returned by the Customer at the Customers expense and should be adequately insured during the return journey.  The Customer will receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges within 30 days of cancellation. If the Customer fails to return the Goods following cancellation, we shall be entitled to deduct the cost of recovering the Goods from the Customer.
11.5   Where returned Goods are found to be damaged due to the Customers failure to comply with this obligation, the Customer will be liable for the cost of remedying such damage.
     
12.   WEEE REGULATIONS
12.1   For all Goods sold in the UK which fall under the WEEE Regulations, the Business Customer shall ensure they follow the Producer (manufacturer) directions for disposal and recycling thereof.Distributed Sound & Video shall not be responsible for any costs thereof. Such directions can be found either accompanying the Goods or on the manufacturers' website.
12.2   For all Goods sold in the UK which fall under the WEEE Regulations, and where WEEE is to be returned on a like-for-like basis, the Household Customer agrees to return all Goods as directed on the Distributed Sound & Video website and in accordance with the Regulations. For Distributed Sound & Video's compliance statement and further details of our obligations please go to  store.dsavltd.co.uk/weee/compliance-statement
     
13.   GENERAL
    Nothing in these terms and conditions affects your statutory rights as a Consumer.
13.1   If any term or provision of these Terms and Conditions is held invalid, unlawful or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and this shall not affect the validity or enforceability of the remaining provisions.
13.2   Any waiver of a breach of this Agreement must be in writing.
13.3   Any variation of this Agreement must be in writing and signed by a duly authorised Distributed Sound & Video or Distributed Sound & Video official.
13.4   The headings are for convenience only and shall not affect the interpretation of this Agreement.
13.5   Any notices given under this Agreement shall be in writing and sent (a) by first class pre-paid post to the last known address of the party; or (b) by fax to their last known fax number; or (c) by e-mail to the last notified e-mail address of the party.
13.6   If you have any complaints with the Goods or Services provided by us please contact Customer Services by post addressed to Distributed Sound & Video, 46 Ashby Drive, Rushden, Northamptonshire, NN10 9HH or by email to customerservices@dsavltd.co.uk
13.7   These terms and conditions shall be governed by and construed in accordance with the laws of England and the parties submit to the non-exclusive jurisdiction of the English courts.
13.8   These terms were last changed on Monday 14th May 2012. These terms apply to your order. Distributed Sound & Video shall be entitled to alter these Terms and Conditions at any time, but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

Need help? Please call us for FREE on 0800 917 4345 or email us at sales@dsavltd.co.uk or Technical Help

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