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| TERMS
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1. Acceptance of orders
1.1 An acceptance of orders from the customer made
by Big Discount Warehouse T/A Promenade Music (“the
Company”) shall be a contract of sale subject to
these terms and conditions which shall prevail over
any other document or communication from the Purchaser
with whom the company is dealing (“the Customer”).
The Company accepts an order when the Customer submits
identification, delivery and payment details.
1.2 The order shall not bind the Company until the
Customer accepts these terms and conditions, which
are deemed accepted if the goods are sent for delivery.
2. Carriage, post and packing
Charges are made for all delivery options and
will be invoiced to customers at the listed rates
which will be confirmed and displayed on acceptance
of the order by the company. For details of delivery
prices outside UK and Eire please contact us.
Delivery charges can vary according to weight
and relevant lcoation. The Customer can request
a quote for delivery before an order is made.
If an order is made with a standard delivery charge,
The Company reserves the right to amend the delivery
charge if the product's weight exceeds 45kgs -
no despatch or card debit is made without consulting
the Customer of the amendment.
UK Mainland (Prices include
VAT) |
| Next Working Day (Mon
- Fri) delivery - UK Mainland |
£5.99* |
Other
|
| Northern Ireland |
£24.99 |
| Republic of Ireland |
£29.99 |
| Isle of Man |
£24.99 |
| Scottish Highlands |
£9.99 |
| Scottish Isles |
£24.99 |
Delivery charges are subject to order being placed
before 3:00 pm Monday - Friday, stock availability
and credit clearance.
*Delivery to parts of Scotland can be delayed
for an extra day depending on courier. |
3. Prices
Goods are invoiced at the prices listed at the time
of ordering - If you have ordered an out of stock
item, you may be advised before shipment of any
change to the ordered price. The Company reserves
the right to remedy an obvious mistake in the listed
prices (i.e: items passed via the checkout with
an order value of £0 is not a viable purchase
and will be deleted.) by charging a proper commercial
value price to rectify the error. All prices are
shown on the website as inclusive of VAT in GBP.
Errors and Omissions Excepted. Every effort is made
to maintain the prices shown, however the company
reserves the right to modify prices without prior
notice to the Customer.
4. Delivery
4.1 Any time or date for delivery stated by the
company shall be treated as an estimate only and
does not form a binding term of this Agreement.
Whilst every effort will be made to despatch goods
on time no liability can be accepted by the Company
for failure to deliver within the advertised times.
The Company shall not be liable for any loss or
damage whatsoever (including consequential loss
or loss of profit) arising directly or indirectly
from any delay in the delivery of all or any of
the goods howsoever caused.
4.2 If the Company fails to deliver the goods, the
Customer will not be charged for these goods. The
Company’s liability for all losses caused by failure
to deliver the goods (including but not limited
to consequential loss and loss of profits or business
interruption) is limited to the price of the goods
ordered.
4.3 The Company will accept no liability for shortages,
damage to or non-delivery of goods unless the Customer
notifies the Company in writing within three days
of receipt of invoice or goods.
4.4 The Customer shall be bound to accept the goods
when they are ready for delivery by the Company
and delivery shall be deemed to take place when
the goods are delivered to the Customer at the nominated
address for delivery or to a nominated carrier as
the case may be whereupon the risk of loss, breakage
or any other damage whatsoever shall pass to the
Customer
4.5 If for any reason the Customer cannot accept
delivery of the goods at the time when the goods
are due and ready for delivery the Company may either
elect to (1) store the goods pending their actual
delivery and the Customer shall be liable to the
Company for the costs (including insurance) of so
doing but the Company shall be under no obligation
to insure the goods in storage and the risk of any
loss or damage to the goods howsoever arising shall
be borne by the Customer, or (2) sell the goods
at the best price readily obtainable and (after
deducting all reasonable storage and selling expenses)
account to the Customer for the excess over the
price under the contract or charge the Customer
for any shortfall below the price under the contract.
4.6 If for any reason the Customer refuses a delivery,
a charge will be levied for returning the delivery
to the warehouse.
5. Payment terms
5.1 Unless otherwise expressly stipulated by the
Company, Credit Account invoices are due and payable
in sterling 30 days from the date of the invoice.
5.2 If an invoice becomes overdue for payment the
full outstanding account becomes overdue and payable.
The Company may charge interest at 5% above the
base rate of HSBC Bank prevailing from time to time
on overdue amounts. Payment shall be deemed to have
been received only when the full amount of the value
of the goods as invoiced has been credited to the
Company's bank account without recourse as cleared
funds or the Company has received the full amount
in cash.
5.3 If you wish to clear your credit account by
way of credit or debit card there will be a 2.5%
surcharge added.
5.4 Please note when paying for orders with a credit/debit
card, that your card is not charged at the moment
you place the order. Payments taken for items out
of stock will be held to enable immediate shipment
of your order as soon as the stock becomes available.
6. Product specifications,
details, etc.
Whilst the Company will make every endeavour to
deliver the goods as they are advertised or displayed
on the BDW site or within any other Company brochure
actual dimensions, images, specifications and quantities
may in certain circumstances vary from those so
advertised and supplied. The Company reserves the
right without prior notice to vary the specification
of any goods without any liability to the Customer
arising directly or indirectly from any such variation
but the Company will use all reasonable endeavours
to ensure that the goods are as near as possible
to the goods as specified.
7. Supply
In the event that the Company is unable to supply
goods as ordered by the Customer the Company reserves
the right to supply goods of equal or superior quality
comparable to or compatible with the goods ordered
at the same price. In the event that
the goods ordered by the customer become obsolete,
the company reserves the right to offer the customer
a substitute that may be at a higher price.
8. Property and title
No property or title to goods shall pass from the
Company to the Customer unless and until the full
amount of the value of the goods as invoiced has
been credited to the Company's bank account without
recourse as cleared funds or the Company has received
the full amount in cash and the Customer shall indemnify
the Company against any loss or damage to the goods
prior to the passing of property therein whilst
in the Customer's custody. Risk of damage to or
loss of the goods shall pass to the Customer at
the time of delivery or, if the Customer fails to
take delivery of the goods, at the time when the
Company has tendered delivery of the goods.
9. Cause beyond control
9.1 In the event that the Company is prevented from
delivering the goods for sale as a result of any
circumstance beyond its control such as but not
limited to Acts of God, War, Strikes, Lock-outs,
Flood, Terrorism, abnormal weather conditions, fire,
Government action, delays by suppliers, accidents
and shortages of materials, labour or manufacturing
facilities and failure of third parties to deliver
goods, the Company shall be relieved of its obligations
and liabilities under such contract for sale for
as long as such fulfilment is prevented.
9.2 If the Company is prevented from carrying out
its obligations they will notify the Customer within
14 days commencing with the estimated delivery date.
9.3 If the circumstances preventing delivery subsist
for 3 months from and including the date the Company
gives the Customer notice, then either party may
cancel the contract. Such notice must be given when
the adverse conditions subsist.
10. Trade name and mark
10.1 Indications of trade names or marks (other
than those of the Company) shown documentation of
the Company are not restricted to indications of
manufacture but may be indicative of general use
of systems, machines etc. associated with the use
of such products.
10.2 Any software supplied to the Customer by the
Company comes with a licence to use the software
from the manufacturer. The Customer must comply
with these software licence terms in addition to
the Company’s terms and conditions.
11. Cancellation
Under normal circumstances goods are despatched
the same day as receipt of order. Depending on the
status of your order, we may be able to cancel it.
However, the Company reserves the right not to accept
cancellation of orders. If for any reason an order
is refused at the point of delivery, a charge will
be levied for returning the delivery to the warehouse.
12. Returns
Current items, undamaged, fully marketable with
original manufacturers' packaging (which shall not
be defaced) unopened with all wrappings and seals
intact, may be returned by prior agreement of the
Company, who reserve the right to levy a restocking
fee. The customer may be liable for payment of postage
and packing charges incurred in the return of the
goods. The Company reserves the right to reassign
costs to its customers levied by its suppliers relating
to the return of any orders, including any applicable
penalties. Requests for returns must be made within
10 working days from receipt of the goods.
Faulty or damaged items should be notified within
seven days of receipt of goods, and will be dealt
with in accordance with the returns procedure laid
out by the manufacturer. All goods returned must
be in the manufacturers' original packaging complete
with all ancillary items. Products tested and found
not to be faulty will be returned to the customer
and the Company reserves the right to reassign accrued
costs to its customers.
Please email
us or call 0152 44 00 999 for further assistance.
13. Warranty
All goods sold by the Company are warranted free
from defects in materials and workmanship. If the
Company shall receive a written complaint from a
Customer in respect of goods found to be defective
in respect of materials or workmanship only within
the manufacturers warranty period, the Company,
after it has had a reasonable time to investigate
the same and examine the goods in dispute shall
be entitled at its option to repair or replace the
defective goods or refund the purchase price.
No claim will be entertained in respect of any goods
which have been repaired or altered in any way or
have been the subject of any accident or damage
caused by any innocent, wilful or negligent act
or omission of the Customer its employees or agents
or through use contrary to the manufacturer's instructions
by the Customer, its employees or agents or by circumstances
beyond the control of the Company or goods which
cannot be shown to have been supplied by the Company.
14. Online Privacy
We are committed to protecting your privacy. We
will only use the information that we collect about
you lawfully (in accordance with the Data Protection
Act 1998.) We collect information about you for
2 reasons: firstly, to process your order and second,
to provide you with the best possible service.
We will not e-mail you in the future unless you
have given us your consent. Certain emails are sent
to registered customers in relation to placed orders,
such as delivery status - to be removed from these
mailings please contact us.
We will give you the chance to refuse any marketing
email from us or from another trader in the future.
The type of information we will collect about you
includes:
your name
address
phone number
email address
credit/debit card details
We may also use certain financial information supplied
to us by you in order to ascertain suitability for
a trade account, but only when requested by you.
We will never collect sensitive information about
you without your explicit consent. The information
we hold will be accurate and up to date. You can
check the information that we hold about you by
emailing us. If you find any inaccuracies we will
delete or correct it promptly.
We may use technology to track the patterns of behaviour
of visitors to our site. This can include using
a "cookie" which would be stored on your browser.
You can usually modify your browser to prevent this
happening. The information collected in this way
can be used to identify you unless you modify your
browser settings.
If you have any questions/comments about privacy,
please email us. For additional guidance, you may
also wish to consult the website of the UK Data
Protection Commissioner which may be found at:
http://www.dataprotection.gov.uk.
15. The company's liability
15.1 The Company shall under no circumstances whatsoever
be liable for any indirect or consequential loss
howsoever caused.
15.2 The Company's liability in respect of breach
or non-performance of any order shall be limited
to the invoiced value to which the claim relates.
15.3 Goods are not tested or sold as fit for any
particular purpose or for use under any specific
conditions.
15.4 The Company excludes liability for death and
personal injury caused by the goods except if caused
by the Company’s negligence.
16. Health And Safety At
Work Act 1974 and Consumer Protection Act 1987
In compliance with the above legislation the Company
confirms that the goods supplied by the Company
as a distributor of products do not present a hazard
to health and safety when properly used for the
purpose for which they are designed and provided
also that the Customer or its employees or agents
take reasonable and normal precautions in their
use.
17. Entire agreement
These terms and conditions set out the entire terms
between the parties and supersedes all other agreements
representations and documents previously exchanged
between the parties.
18. Severance
If any of the terms are found to be void voidable
or unenforceable then these terms are severed from
the contract of sale and will not affect the enforceability
of the remaining terms and conditions.
19. Waiver
Waiver by the Company of any breach of these conditions
or any granting of time or indulgence by the Company
to the Customer shall in no way affect the rights
of the Company hereunder.
20. Jurisdiction
The terms and conditions are governed by English
Law and the parties hereby agree to submit to the
jurisdiction of the English Courts.
21. Notices
Any notice or demand to be given hereunder shall
be in writing and shall be delivered by hand or
sent by first class pre-paid letter to the last
known address of the party to be notified and shall
be deemed to have been served immediately, if delivered
by hand and forty eight hours after posting if posted
as aforesaid.
22. Consumer Distance Selling
Directive
The Distance Selling directive provides a cooling
off period and an unconditional right to cancel
during that period. This period ends seven working
days after the day of receipt of the goods (working
days excludes Saturdays, Sundays and public holidays.)
The customer must request a return under this directive
in writing (fax, email or letter) within the 7 day
period. As part of the directive the customer must
also make adequate care and effort to ensure that
the product can be resold as new.
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