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Terms and Conditions
(1) Definitions and interpretation
In this Agreement “we” means Cables4all (and “us” and “our” shall be construed accordingly); and “you” means the relevant customer or potential customer as the case may be (and “your” shall be construed accordingly).
In this Agreement, the following definitions shall apply:
“Agreement” means this agreement incorporating any terms set out in our Second Acknowledgement;
“First Acknowledgement” means the initial automatic email acknowledgment which we will send to you after receiving your Order;
“Order” means your order for Products made via the Site;
“Products” means goods which may be purchased by you from the Site;
“Second Acknowledgement” means the email acknowledgment which we will send to you (where appropriate) confirming acceptance of your Order; and
“Site” means the website at www.cables4all.co.uk or any successor site operated by us from time to time.
(2) This Agreement
The advertising of Products on the Site constitutes an “invitation to treat”; and your Order for Products constitutes a contractual offer. No contract comes into force between you and us unless and until we accept your Order.
In order to enter into this Agreement with us, you will need to take the following steps: “(i) you must add any the Products you wish to purchase to your shopping cart, and then proceed to the checkout; (ii) if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; (iii) once you are logged in, you must select your preferred method of delivery and confirm your Order and your consent to the terms of this Agreement; (iv) you will be transferred to the Paypal/Google Checkout website, and Paypal and or Google Checkout will handle your payment; (v) we will then send you the First Acknowledgment ; and (vi) once we have checked whether we are able to meet your Order, we will either send you the Second Acknowledgement (at which point this Agreement will become a binding contract) or we will confirm by email that we are unable to meet your Order.”
Please note that we will not file a copy of this Agreement. We may update the version of this Agreement on the Site from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of this Agreement for your records.
The only language in which we offer this Agreement is English.
Before you place your Order, you will have the opportunity of identifying whether you have made any input errors by confirming your order at the checkout stage. You may correct those input errors before Confirming your Order by amending your basket contents
(3) About us
Our full name is Cables4all.
St Austell Bay Business Park
Par Moor Road
Par
PL25 3RF
We subscribe to the following code[s] of conduct: Sale of Goods act 1979, EU’s Consumer Rights Directive (“CRD”)
(4) The Products
The products for sale on this site are Audio/Visual Cables and accessories
(5) Price and payment
Prices for Products are quoted on the Site. The Site contains a large number of Products and it is always possible that some of the Products listed on the Site may be incorrectly priced. We will verify prices as part of our sale procedures so that a Product's correct price will be stated in the Second Acknowledgement/when you pay for the Product.
In addition to the price of the Products, you may have to pay a delivery charge, which will be as stated in the First/Second Acknowledgement when you pay for the Product. This is however dependant upon the transit method chosen.
We may withhold the Products and/or terminate this Agreement if the price is not received from you in full, on time, in cleared funds.
The prices on the Site include any value added or sales taxes (where applicable).
Payment for all Products must be made by Paypal, Debit / Credit card via sagepay,
Prices for Products are liable to change at any time, but changes will not affect Agreements which have come into force.
(6) Delivery
We will arrange for the Products to be delivered to the address for delivery indicated in your Order.
We will use reasonable endeavours to deliver Products on or before the date for delivery (where applicable), However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of Products will be dispatched within [30] days of the later of receipt of payment and the date of our Second Acknowledgement.]
We will only deliver Products within The United Kingdom and Europe.
(7) Risk and title
The Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you after we receive full payment of all sums due in respect of the Products (including delivery charges).
(8) Consumer Cancellation and Returns
If you are purchasing from us as a consumer, you have the right to cancel an online order without giving a reason within 14 days after the day you receive the goods.
Where multiple goods are purchased as part of the same order but are delivered on different days, the cancellation period ends 14 days after the day you receive the last of the goods.
To exercise your right to cancel, you must clearly inform us of your decision to cancel within the cancellation period. You may do this by email or by using our returns/contact form.
Once you have informed us that you wish to cancel, you must return the goods to us within 14 days.
Unless the goods are faulty, damaged, incorrectly supplied or not as described, you are responsible for the cost of returning unwanted goods to us.
You may inspect and handle the goods only to the extent reasonably necessary to establish their nature, characteristics and functioning. We may make a deduction from the refund where the value of the goods has been reduced as a result of handling beyond what would reasonably be permitted when examining goods in a shop.
The statutory right to cancel does not apply to certain goods, including goods made to your specifications or clearly personalised, sealed audio or video recordings or sealed computer software once unsealed, and any other goods excluded from cancellation rights by law.
Nothing in these terms affects your statutory rights.
(9) Business Customers
For the purposes of these terms, a business customer is a customer purchasing goods wholly or mainly for purposes relating to their trade, business, craft or profession. This includes orders placed on behalf of a company, partnership, organisation or other business.
The consumer cancellation and change-of-mind rights set out in section 8 do not apply to business-to-business purchases.
Unless otherwise agreed by us in writing, goods correctly supplied to a business customer cannot be returned simply because they are no longer required, were ordered in error or the customer has otherwise changed their mind.
We may, at our discretion, agree to accept the return of unwanted goods from a business customer. Any such return must be authorised by us before the goods are returned and may be subject to reasonable conditions.
We may decline discretionary returns of products or quantities that have been specially ordered in, assembled, manufactured or prepared by us in order to fulfil a business customer's order, even where the products themselves are not personalised or bespoke.
Nothing in this section affects any rights or remedies a business customer may have where goods are faulty, not as described or otherwise do not comply with the contract.
(10) Faulty, Damaged or Incorrect Goods
If you believe that goods supplied by us are faulty, damaged, not as described or have been supplied incorrectly, please contact us as soon as possible with your order details and a description of the problem.
Where applicable, we will arrange an appropriate remedy in accordance with your statutory rights. Depending upon the circumstances, this may include repair, replacement or refund.
Where we are responsible for the cost of returning goods, we will either provide return instructions or reimburse reasonable return postage costs as appropriate.
Nothing in these terms limits or excludes any statutory rights that cannot legally be limited or excluded.
(11) Refunds
Where a consumer validly cancels an order under section 8, we will refund the price paid for the returned goods together with the cost of our standard delivery service, where applicable.
If you selected a more expensive delivery option, such as next-working-day, express or another premium delivery service, we are not required to refund the additional amount paid above the cost of our standard delivery service.
Refunds will normally be made using the same payment method used for the original transaction, unless otherwise agreed.
We may withhold a refund until we have received the goods back or you have supplied evidence that the goods have been returned, whichever occurs first.
Where applicable, refunds will be made without undue delay and no later than 14 days after we receive the returned goods or evidence that they have been returned.
(12) Warranties
We warrant to you that any Product you purchase through the Site will be of satisfactory quality.
You warrant to us that: you have full authority, power and capacity to enter into this Agreement and that all necessary actions have been taken to enable you to lawfully enter into this Agreement; you are legally capable of entering into binding contracts; you are resident in the United Kingdom; you are at least 18 years old; the information provided in the Order is accurate; and you will be able to accept delivery of the Products as contemplated in this Agreement.
Subject to the warranties set out in above, to the maximum extent permitted by applicable law we disclaim all warranties with respect to the Products, whether express or implied.
(13) Limitations of liability
Nothing in this Agreement shall limit or exclude your or our liability for: (i) death or personal injury caused by negligence; (ii) under section 12 of the Sale of Goods Act 1979, section 2 of the Supply of Goods and Services Act 1982, or section 2(3) of the Consumer Protection Act 1987; (iii) for fraud or fraudulent misrepresentation; or (iv) for any matter for which it would be illegal for to limit or exclude, or attempt to limit or exclude, liability.
Subject to this: (i) our liability in connection with any Product purchased through our site is strictly limited to the higher of the purchase price of the relevant Product and the replacement cost of the relevant Product; (ii) we accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; and (iii) we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement caused by events outside our reasonable control.
(14) General terms
Images of Products on the Site are for illustrative purposes; actual Products may differ from such images.
We will treat all your personal information that we collect in connection with your Order in accordance with the terms of our Privacy Policy; use of our website will be subject to our Website Terms and Conditions
This Agreement may only be varied by an instrument in writing signed by both you and us. We may revise these terms from time-to-time, but such revisions will not affect the terms of any Agreement which we have entered into with you.
If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect, and such invalid or unenforceable provisions or portion thereof shall be deemed omitted.
No waiver of any term, provision, or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that term, provision or condition or any other term, provision or condition of this Agreement.
You may not assign, charge, sub-contract or otherwise transfer this Agreement, or any of your rights or obligations arising under this Agreement. Any attempt by you to do so shall be null and void. We may assign, charge, sub-contract or otherwise transfer this Agreement, or any of our rights or obligations arising under this Agreement, at any time – providing such action does not serve to reduce the guarantees benefiting you under this Agreement.
This Agreement is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under this Agreement is not subject to the consent of any person who is not a party to this Agreement.
This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written.
This Agreement will be governed by and interpreted in accordance with the laws of the England, and the English courts shall have exclusive jurisdiction with respect to any dispute arising under this Agreement.
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