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1. Formation of contract

1.1 Introduction: These terms of this contract apply to all goods supplied by Home Entertainment Systems Limited (registered in England and Wales with number 10012642) whose registered office address is at, 20 New Street, Altrincham, Cheshire WA14 2QS.  For the purposes of these Terms and Conditions Home Entertainment Systems Limited will be abbreviated to HESL.


1.2 Variations to this contract: Unless expressly agreed in writing signed by a duly authorised representative of Home Entertainments Systems Limited, the terms of this contract apply to the exclusion of all other terms and conditions (including any terms or conditions which you purport to apply under any purchase order, confirmation of order, specification or other document).


2. Creation of contract


2.1 Your order constitutes an offer to buy: By placing an order with Home Entertainments Systems Limited you offer to buy goods from Home Entertainments Systems Limited
 on and subject to the terms of these conditions (as amended in accordance with condition 1.1). No contract for the for the sale or supply of any goods exists between you and Home Entertainments Systems Limited until Home Entertainments Systems Limited has received your order and given instructions for the relevant goods to be despatched to you (at which point a contract to supply those despatched goods, but no other goods, shall be formed). Home Entertainments Systems Limited
shall be under no obligation to you to sell or supply goods until it has received full payment in cleared funds from you in respect of the relevant goods. If payment is received before Home Entertainments Systems Limited has given instructions for goods to be despatched to you condition 4.5 shall apply in respect of those goods.


2.2 Effect of acknowledgment: Although Home Entertainments Systems Limited may issue an acknowledgment of your order, that acknowledgement does not constitute an acceptance of your offer to buy goods.


2.3 Interpretation: Reference in this contract to a "condition" is a reference to a paragraph of the corresponding number in this contract, references to legislation are to the legislation in force at the date on which this contract comes in to force and references to "you" are to the person (being a legally recognised entity) who agrees to make payment for the goods to which this contract relates.



3. Description and price of goods


3.1 No liability for website: Home Entertainments Systems Limited uses reasonable efforts to maintain accurate descriptions of goods and up-to-date prices on its website. The promotion of goods on Home Entertainments Systems Limited website does not constitute a quotation or guarantee that the goods exist or are available for delivery at the advertised price. Descriptions and illustrations contained on Home Entertainments Systems Limited website are published for the sole purpose of giving an approximate idea of the goods described in them and no warranty or representation as made as to their accuracy.


3.2 Overpricing of goods: If Home Entertainments Systems Limited becomes aware that goods the subject of your order are over priced (that is that the price shown on the web site is higher than Home Entertainments Systems Limited's intended sale price) Home Entertainments Systems Limited may process your order and charge you the correct price (and re-credit any difference to you, if appropriate).


3.3 Under pricing of goods and description errors: If Home Entertainments Systems Limited becomes aware that goods the subject of your order are under priced (that is that the price shown on the web site is lower than Home Entertainments Systems Limited intended sale price) or that the description of the relevant goods given on the website is materially inaccurate in a way which could be prejudicial to you (by reference to the manufacturer's description) Home Entertainments Systems Limited
 shall inform you as soon as possible and offer you the option of reconfirming your order (at the correct price if appropriate), or cancelling your order. If Home Entertainments Systems Limited does not receive an order confirmation within 14 days of so informing you, the order will be cancelled automatically. If you cancel in these circumstances, Home Entertainments Systems Limited will refund or re-credit you for any sum that has been paid by you or debited from your credit card in respect of the relevant goods. Other rights of cancellation are the subject of conditions 6 and 14.


4. Payment


4.1 Delivery charges: In addition to the price, you will be required to pay a delivery charge for the goods. The delivery charges are as advised on Home Entertainments Systems Limited's website.


4.2 VAT: Home Entertainments Systems Limited is not currently registered for Value Added Tax , and where required by law VAT shall be added to all orders at the relevant rate.


4.3 Payment methods: Payment for goods and delivery charges can be made by any method shown on Home Entertainments Systems Limited's website at the time you place your order. Payment is due when goods are despatched. Time for payment is of the essence.


4.4 Pre-authorisation procedure: If on receipt of your order the goods you have ordered are not in stock (or available for despatch by Home Entertainments Systems Limited) Home Entertainments Systems Limited may request pre-authorisation of payment from your credit card issuer or other payment provider while Home Entertainments Systems Limited obtains or procures the goods which are the subject of your order. The process of pre-authorisation means that during a fixed period (agreed with your credit card issuer or other payment provider, but not usually more than five days from the date on which the order is placed) Home Entertainments Systems Limited may require the payment provider to make payment to Home Entertainments Systems Limited In these circumstances Home Entertainments Systems Limited shall not request payment from your credit card or request other transfer of funds (and Home Entertainments Systems Limited shall have no liability to you) untilHome Entertainments Systems Limited is able give instructions for the relevant goods to be despatched to you.


4.5 Payment prior to despatch: If Home Entertainments Systems Limited receives payment from you before the contract to supply and sell goods in relation to which payment is made has been formed the only obligations that Home Entertainments Systems Limited shall have to you until that contract is formed will be:


(a) to refund your money (or re-credit your payment provider) if you cancel your order in accordance with condition 3.3, 6 or 14 (in which case the refund shall be made in accordance with clause 5) or if Home Entertainments Systems Limited declines your order (in which case it shall give effect to the refund or credit as soon as reasonably practicable); and


(b) (if Home Entertainments Systems Limited does not decline your offer) to use reasonable endeavours to procure that the goods are despatched to you.


4.6 No set-off: You shall make all payments due to Home Entertainments Systems Limited without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to the deduction to be paid to you by Home Entertainments Systems Limited


4.7 Late payment: If you fail to pay money due to Home Entertainments Systems Limited you will be liable to pay interest to Home Entertainments Systems Limited's on the overdue amount from the due date for payment until actual payment. Interest shall be at the annual rate of 2% above the base lending rate from time to time of Barclays Bank PLC. Interest shall accrue on a daily basis until payment is made, whether before or after any judgment. Home Entertainments Systems Limited
 reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.


5. Delivery


5.1 Delivery within the United Kingdom: Goods you order will be delivered to the address in the United Kingdom that you give when you place your order. If delivery cannot be made to your address for reasons under Home Entertainments Systems Limited' s control HESL will inform you as soon as possible and arrange an alternative delivery address. Special arrangements (including provisions for additional payment) may be made in respect of deliveries outside the United Kingdom or re-delivery if goods cannot be delivered to the address given by you for reasons beyond HESL's control (including that you are not available to acknowledge receipt of the goods).


5.2 Home Entertainments Systems Limited's responsibilities in relation to delivery: Home Entertainments Systems Limited retains third party companies to deliver goods. Whilst Home Entertainments Systems Limited has taken reasonable care to select reputable delivery companies. Home Entertainments Systems Limited
 will deliver items within 5 working days from the point of order. If goods are not delivered by the expected date, please notify Home Entertainments Systems Limited and Home Entertainments Systems Limited shall contact the delivery company on your behalf in order to obtain a status report. Separate arrangements may be made if you wish to appoint your own delivery company or collect goods in person. Time for delivery is of the essence. Home Entertainments Systems Limited
will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. Home Entertainments Systems Limited
will refund or re-credit to you any sum refunded or credited to it by the third-party delivery company.


5.3 Notification of non-delivery: Home Entertainments Systems Limited shall not be liable for any non-delivery of goods or delivery of incorrect goods unless written notice is given to Home Entertainments Systems Limited within 21 days of the date which Home Entertainments Systems Limited
advised as being the date on which the goods were expected to be delivered (or, if no such advice was given, the date on which the goods would in the ordinary course of events have been expected to be delivered) and the failure to deliver results from Home Entertainments Systems Limited's own negligence In which case your sole remedy will be for delivery of replacement goods) .


5.4 Acknowledgement of delivery: Upon receipt of your order you will be asked to sign for the goods delivered to you. If you are unable to check the contents of the package on delivery please sign for the parcel as "Unchecked". Failure to do so may affect your rights.


5.5 Packing errors: As soon as you become aware that goods not ordered by you have been delivered to you, you must notify Home Entertainments Systems Limited
 as soon as practicable make the goods available for collection by Home Entertainments Systems Limited (or, withHome Entertainments Systems Limited's prior agreement, return the goods to Home Entertainments Systems Limited at Home Entertainments Systems Limited's expense). If Home Entertainments Systems Limited arranges for the goods to be collected you will ensure that they are available for collection at the place of delivery (or other location) agreed with Home Entertainments Systems Limited) during usual business hours.


6. Your right of cancellation


6.1 Distance Selling Regulations 2000: HESL complies with the requirements of the Distance Selling Regulations 2000 (and if any provision of these terms conflicts with those regulations, those regulations shall prevail). No provision of these conditions shall be construed as extending your rights under those regulations.


6.2 Right of cancellation: Subject to the following provisions of this condition 6.2, you have the right to cancel any part of a contract for the provision of goods at any time before and up to the end of seven working days after the day that you receive the goods, the right to be exercised in accordance with the following requirements of this condition 6. You may not cancel any part of a contract to the extent that the contract is:


(a) for computer software if the product seal, security seal or shrink-wrap packaging has been broken or interfered with;


(b) for consumable goods which, by their nature, cannot be returned; or


(c) for a computer system or other goods or components developed (or to be developed) for you or in accordance with specifications provided by or uniquely agreed with you (but you do have the right to cancel upgrade options on pre-built systems).


6.3 Exercise of cancellation rights: To exercise your right of cancellation, you must give written notice to HESL by letter, fax or e-mail, at the address, fax number or e-mail address shown below, giving details of the goods ordered and where and when they were delivered. Oral notification (including notification by telephone or voice message) is insufficient to exercise your right of cancellation. For the purposes of this clause time is of the essence.


6.4 Non-acceptance of goods following cancellation: If you fail to take delivery of goods ordered by you because you have cancelled your contract under the Distance Selling Regulations HESL shall be entitled to deduct the cost of return (including the cost of collection, where relevant) from any amount refunded or re-credited to you. No refund or re-credit shall be issued by HESL unless and until the goods have been returned to it.


6.5 Return of goods following cancellation: If you exercise your right of cancellation after goods have been delivered to you, you will be responsible for returning the goods to HESL at your own cost. The goods must be returned, within a reasonable period (being not more than 14 days of the date of delivery to you), to the address shown below (or other addressed advised to you in writing for this purpose by HESL). You must take reasonable care to ensure the goods are not damaged. If you do not return the goods as required, HESL may charge you a sum not exceeding the direct costs of recovering the goods. No refund or re-credit shall be issued by HESL unless and until the goods have been returned to it.


6.6 Condition of returned goods: HESL's is obliged to accept returns of goods only if the complete goods are received by HESL in an "as new" condition with all software and product seals intact and with unmarked and undamaged packaging. If goods returned to HESL fail to meet these conditions HESL may refuse to accept the goods or may charge a restocking fee of £20 or (if greater) 20% of the (net of VAT and delivery costs) invoice value of the goods.


6.7 Refunds in respect of cancelled contracts: Once you have notified  that you are cancelling the contract and (if relevant goods had been despatched to you) returned the relevant goods to HESL in accordance with paragraphs 6.4 or 6.5 (as appropriate), HESL's will (subject to deductions made in accordance with the provisions of this condition 6) refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card or other payment provider for the goods or (where you paid otherwise than through a credit card or other payment provider) refund the appropriate amount to direct you.


7. Warranty


7.1 Manufacturers' warranty: Subject to the following provisions of this agreement (see in particular conditions 8 and 10), no warranty is provided by HESL for any goods sold by it. However in most cases individual manufacturers provide warranty protection for their goods, details of which will be provided by the manufacturer on request. It is your responsibility to register the goods under the manufacturer's warranty and HESL shall have no liability to you if you fail to register them properly.


7.2 Goods that are damaged on delivery: If the goods supplied to you are damaged on delivery, you should notify HESLin writing (via the e-mail address or fax number) shown below within seven days and follow the procedures in condition 8. HESLmay replace the goods in accordance with condition 8.4 if satisfied that the damage occurred before the goods were received by you.


7.3 Defects during warranty period: If the goods supplied to you develop a defect while under manufacturer's warranty or you have any other complaint about the goods, you should first contact the manufacturer (most include helpline contact numbers on their websites). If you raise an issue with the manufacturer you may notify HESL of that fact. Contact with HESL should be in writing via the e-mail address or fax number shown below, as soon as possible, but in any event within seven days of the date you discovered (or ought reasonably to have discovered) the damage, defect or complaint and became aware that the manufacturer. HESL will use reasonable endeavours to assist you in advancing any complaint with the manufacturer which HESLconsiders may be legitimate.


8. Returns Policy


8.1 Thirty day fault assistance service: If you believe your goods have been delivered in a faulty or damaged state, or a fault appears in the first 30 days after delivery please contact technical support for assistance. If your problem can't be resolved by telephone or email the item can be returned for testing providing the following conditions are met:


(a) all returned goods must be authorised by HESL, and you must comply with reasonable instructions given by HESL in relation to the arrangements for returns;


(b) goods should be returned complete (including all packaging, cables, manuals, CD's etc for that product)


8.2 Return shipping costs: Return shipping costs are your responsibility. If the item tests faulty as described, HESL will refund your shipping costs


8.3 Risk in returned goods: The goods returned to HESL remain at your risk and are your responsibility until signed for by HESL.


8.4 Faulty returned goods: If the goods returned by you in accordance with this condition 8 are found to be faulty HESL and if HESL is satisfied that the damage occurred before the goods were received by you, HESL:


(a) may offer a refund or (at HESL's election) despatch a replacement to you;


(b) refund your return shipping costs to a maximum of £6.


8.5 Working returned goods: If the goods returned by you in accordance with this condition 8 are found to be not faulty HESL shall charge you a test fee of £10 and may either:


(a) return the goods (together with a test report) to you, subject to your paying all related delivery charges incurred by HESL (payable in addition to the £10 test fee); or


(b) offer you a refund, subject to a re-stocking fee of £20 or 20% (which ever is greater) in addition to the £10 test fee.


8.6 Exchange arrangements: If HESL agrees to exchange goods and HESL has not received the original goods from you within five days of procuring that the exchange goods are despatched to you, you will be deemed to have ordered (in addition to the original goods ordered by you) the exchanged goods on the date on which they were despatched to you and shall be liable to pay for them and to pay interest from the date on which they were despatched.


9. Risk/Title


9.1 When risk passes to you: The goods are at your risk from the time that HESL arranges for them to be despatched to you.


9.2 When ownership passes to you: Ownership of the goods shall not pass to you until HESL has received payment in full (in cash or cleared funds) for all sums due to it in respect of:


(a) the goods, and


(b) all other sums which are or which become due to HESLfrom you on any account.


9.3 Your liability to pay: Once the HESL has arranged for the goods to be despatched to you HESL shall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods has not passed from HESL.


10. Limitation of liability


10.1 HESL's responsibility to you: HESL assumes liability to you in respect of matters for which it is bound by this contract (as amended in accordance with condition 1.1) or by statute to accept liability to you and in all other respects limits its liability to you to the fullest extent permitted by law. If you require additional protection or for HESL to assume greater responsibilities or obligations to you please see condition 10.5.


10.2 Limits on HESL's liabilities to you: Subject to other provisions of this contract and any special arrangements agreed in accordance with condition 1.1, the following provisions set out the entire financial liability that HESL has or may have (including any liability for the acts or omissions of HESL's employees, agents, sub-contractors and other representatives) to you (a) in respect of any breach of any contract HESL has with you, (b) in respect of any negligence or breach of statutory duty by HESL (or any of HESL agents, sub-contractors or representatives) and (b) in respect of any representation, statement or tortious act or omission including negligence arising under or in connection with the any contract or other dealing between you and HESL (or any of HESL's agents, sub-contractors or representatives):


(a) maximum liability: the maximum aggregate liability of HESLand each of HESL's agents, sub-contractors or representatives to you in respect of any dealing shall not exceed the amount paid by you to HESLs in respect of goods to which the dealing relates; and


(b) excluded liabilities: HESL excludes all liability to you in respect of:


(i) losses that were not reasonably foreseeable to you and HESLwhen the contract was made;


(ii) direct, indirect or consequential loss (including, without limit, loss of profits, loss of business, depletion of goodwill, damages, professional and other fees and similar losses, costs, damages, charges or expenses);


(iii) losses that were not caused by any breach on the part of HESL; and/or


(iv) losses for direct, indirect or consequential or economic loss (including, without limitation, loss of profits, loss of business, depletion of goodwill and comparable losses) or related costs, damages, charges and similar expenses.


10.3 Exclusion of warranties etc.: All warranties, representations conditions and other terms implied by statute (other than the conditions implied by section 12 of the Sale of Goods Act 1979) or implied by common law are in each case (to the extent that they may be construed against HESL) excluded from the contract to the fullest extent permitted by law.


10.4 Personal injury: Nothing in these conditions excludes or limits the liability of HESL for death or personal injury caused by HESL's negligence or fraudulent misrepresentation.


10.5 HESL's additional responsibilities to you: If you require a greater level of comfort or for HESL to assume other liabilities or responsibilities please contact HESL before you submit your order so that special arrangements may be made in accordance with condition 1.1. HESL may be able to obtain insurance to cover risks that concern you (in which case HESLmay charge you the cost of the insurance and reasonable administration costs).


11. Title to goods


11.1 Obligations before title has passed to you: If goods are delivered to you before ownership of the goods has passed to you, you must (at your own cost):


(a) hold the goods on a fiduciary basis as HESL's bailee;


(b) store the goods in their original packaging and separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as HESL's property;


(c) not destroy, deface or obscure any identifying mark or packaging on or relating to the goods;


(d) not use the goods nor affix them to any property or otherwise cause them to become fixtures or fittings;


(e) keep the goods insured on HESL's behalf for their full price against all risks to the reasonable satisfaction of HESL(on request you shall produce the policy of insurance to HESL); and


(f) hold the proceeds of the insurance referred to in the paragraph 11.1(e) on trust for HESL and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.


11.2 Termination of your right to possession of goods: Subject to paragraph 11.3, your right to possession of the goods shall terminate immediately if before ownership of the goods has passed to you:


(a) you have a bankruptcy or analogous order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal) or suffer any person being appointed to deal with your assets as a result of a failure to honour a financial commitment, or if a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration an analogous order in respect of you, or any proceedings are commenced relating to your insolvency; or


(b) you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 (ignoring any requirement to prove a matter to the satisfaction of the court) or you cease to trade; or


(c) you encumber or in any way charge any of the goods supplied by HESL and to which ownership has not passed to you.


11.3 Obligation to pay survives: HESLshall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods has not passed from HESL. If your right to possession of the goods has terminated, HESL shall (unless it has voluntarily taken possession of the relevant goods and agreed to release you from your obligation to pay for them) remain entitled to be paid for the goods (and upon payment the right to possession and ownership shall transfer to you).


11.4 Licence to enter premises etc.: You grant HESL its agents and employees an irrevocable licence to enter any premises where the goods are or may be stored at any time in order to inspect them, or, where your right to possession has terminated, to recover them.


12. Privacy Policy


12.1 Protection of your order and payment: HESLtakes reasonable precautions to keep the details of your order and payment secure but unless is negligent, HESL will not be liable for unauthorised access to information supplied by you. HESLdoes not store any financial details that are processed via online payments which are made through secure gateways such as Paypal and Sagepay, or that are processed manually via telephone mail order.


12.2 HESL's usage of your personal data: HESL may use personal data you provide (or which is provided by people working with or for you) for its own purposes (including those referred to in paragraph 13) and to communicate with you in such way as HESLconsiders appropriate and HESL may share your data with companies which are members of the same group of companies as HESL so that they may use it for their own purposes and to communicate with you, but HESL shall not sell your personal data to any third party (although it may make offers to you on behalf of third parties). You may ask HESL not to use your personal data other than for the purposes of processing your order, however by accepting these terms without making that request (and obtaining a special amendment in accordance with condition 1.1) you agree to the usage of your personal data as described in this condition 12.2.


13. Fraud prevention etc


13.1 Identity checks: HESL may undertake searches to verify your identity (or the identity of the individual on whose behalf you are acting), to prevent fraud and to comply with legislative requirements (including, for example, regulations relating to money laundering). This process involves checking the details you supply against those held on a number of databases Experian - the credit reference agency - has access to, for example information from the Electoral Register and fraud prevention agencies. Scoring methods will be used in the verification process as this gives a more thorough check of the available data. A record of this process will be kept that may be used to help other companies to verify your identity. We may also pass information to organisations involved in fraud prevention to protect ourselves and our customers from theft and fraud. If you supply false or inaccurate information and we suspect fraud, we will record this and share this information with other agencies. By accepting these terms you agree to such searches being carried out.


13.2 Credit reference agencies: Searches referred to in condition 13.1 may involve checking the details you supply and other details known to HESL against those held on any databases to which HESL or HESL's selected credit reference and fraud prevention agencies (such as Experian) have access. This may include information from the electoral register and from other public and private sources.


13.3 Credit scoring: HESL's credit reference and fraud prevention agencies may use scoring methods to verify your identity. A record of any search undertaken by HESLs or at HESL's request may be kept, and that record may be used to help others to verify your identity and credit risk.


13.4 Dissemination of information: HESL may pass information resulting from the searches referred to in condition 13.1 to financial and other organisations to protect HESL, HESL's customers and others from theft, fraud or illegal activity. If you give information to HESL which HESLbelieves is false or inaccurate information or if HESL suspects fraud or illegal activity, HESL may share this information with other organisations and government agencies.


14. Force majeure


14.1 Matters beyond Home Entertainments Systems Limited's control: Home Entertainments Systems Limited reserves the right to defer the date of delivery or to cancel the contract (without liability to you) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of Home Entertainments Systems Limited including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.


14.2 Your right to terminate: If as a result of events referred to in condition 14.1 Home Entertainments Systems Limited is unable to fulfil your order within 30 days, you shall be entitled to give notice in writing to Home Entertainments Systems Limited to terminate the contract.


15. General


15.1 Severable terms: If any provision of the contract between you and Home Entertainments Systems Limited is found to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall be amended to the minimum extent necessary (by deletion of offending words or change of period or area of application or other relevant change) so as to make the contract lawful.


15.2 Effect of indulgence: Failure or delay by Home Entertainments Systems Limited in enforcing or partially enforcing any provision of the contract will not be construed as a waiver of any of its rights under the contract. Any waiver by Home Entertainments Systems Limited of any breach of, or any default under, any provision of the contract by you will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the contract.


15.3 Third party rights: This contract is between you andHome Entertainments Systems Limited. No person who is not a party to this contract has any rights under this contract by reason of the Contracts (Rights of Third Parties) Act 1999.


15.4 Jurisdiction: The formation, existence, construction, performance, validity and all aspects of this contract and the sale and the supply of goods pursuant to it are governed by English law and the parties submit to the exclusive jurisdiction of the English courts in respect of any dispute relating to this contract.