These terms and conditions are intended to define the rights and obligations of the parties in the sale of goods proposed online by THE MERCHANT for the customer.
Making a Purchase
Making a purchase could not be easier. Just browse our store, and add any items that you wish to buy into the shopping cart. After you have finished your selection, click on ‘Checkout’ and you will be asked for a few details that we need to be able to complete the order.
We accept credit card payment.
We only accept orders from mainland UK. Any customers outside this area will be contacted to see if we can accommodate their needs but additional charges will apply. We reserve the right to cancel any orders that are not for mainland UK.
We accept Visa and Mastercard. We do not charge for any item until it is ready to ship. Backordered items are not charged until they are shipped. You may send your credit card information via phone, fax, snail mail or over the Internet.
When confirmation of order is received, this is to indicate that we have received your order. It does not indicate that a contract exists between us. We will indicate acceptance of your order, and hence a contract between us, when we send you an invoice. We have included this term to protect us in the case that a mistake has been made in pricing, we have inadvertently under-priced goods, or we are no longer able to supply a particular product for some reason. In the case of a change of price, we will always contact you first to ensure that the price is acceptable.
Shipping & Handling
Shipping and handling are priced at a basic rate for transactions, this rate is set at the checkout.
Heavy and high-value items may have a surcharge added and we will endeavour to provide this information at the checkout. If an error has occurred in calculating the shipping and handling costs at the checkout stage your request for an order will not be progressed and you will be contacted to advise you of the amendments. No contract exists until both parties are happy with the transaction details.
We guarantee your satisfaction. Should you have any problems with any of our products please contact us and we will deal with your issue.
We deliver your order right away. We will normally send your order to you in 3 business days, however, please be advised that delays beyond our control or items with long lead times may take longer; we will advise you of any delays for your order.
For orders made from mainland, UK VAT is added at the current rate.
Credit Card Security
When the order is placed at our website, credit card numbers are encrypted using 128 bit encryption. They are only decrypted after they reach our computer. They are not held in clear text on any web site.
If your item is not in stock, we will back order for you. You will always be emailed with the option to cancel your order if you would rather not wait.
All contractual information will be confirmed by email to the address specified by the customer during the purchasing act.
Proof of Transaction
The records stored in THE MERCHANT’s computer systems under reasonable safety conditions are considered proof of communications, orders and payments made between the parties. Purchase orders and invoices are stored on a reliable and durable system and can be produced as evidence.
Every effort has been made to ensure the accuracy of the information presented on THE MERCHANT SITE. THE MERCHANT or its suppliers shall not be held liable for the consequences, accidents, or special damages arising from electronic transmissions or the accuracy of transmitted information, even in cases where THE MERCHANT was aware of the possibility of such damages.
Manufacturer and brand names are only used for identification purposes. Product photos, descriptions and prices are non-contractual.
Validity Period of Offer & Prices
Our offers and prices are subject to change without notice. We always try to honour our website pricing but due to the volatile nature of our business there is a remote chance that a pricing error may occur.
Loss or Damage in Transit
THE MERCHANT will not be responsible for damage or loss of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered unless the customer gives written or email notice of a claim to THE MERCHANT and the carrier within three (3) business days of delivery.
In the event of damage of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered, the customer must hold the goods and make them available for inspection or collection by THE MERCHANT or its representatives on request.
Products are delivered to the address specified by the customer on the purchase order and only to geographic zones that we service. We only supply goods to Mainland UK via this website. For all other queries please contact us by email, telephone or fax.
All products leave our premises in perfect condition unless the item has been advertised and sole as graded or second hand. The customer must notify the carrier (or postman) of even the slightest trace of damage (holes, signs of crushing, etc.) to the parcel, and refuse the package if necessary. A new, identical product will then be sent to the customer at no additional charge.
No exchanges can be made at a later time for goods claiming to be damaged during carriage without notification at the time of reception.
As with any shipment, a delay or loss of goods is possible. In such a case, the carrier shall start an investigation. Every effort is made, for as long as necessary, to find the package. If the package is not found, the carrier will reimburse THE MERCHANT, who will deliver a new, identical package to the customer free of charge.
We shall not be held responsible for delayed delivery times due to the carrier, including for the loss of goods, bad weather or strikes.
The customer must inform THE MERCHANT immediately (the same day or, at the latest, the first business day following delivery) concerning any claim of delivery error or non-conformity of goods, in kind or in quality, compared with the information on the purchase order.
Any claim made after this time period will be rejected.
All claims must be made in writing and sent to THE MERCHANT ADDRESS.
Any claim that does not respect the rules defined above cannot be taken into account and releases THE MERCHANT of any responsibility to the customer.
In the case of delivery error or exchange, all goods to be exchanged or refunded must be returned to THE MERCHANT in whole, in its original packaging and in perfect condition to THE MERCHANT ADDRESS.
For claims to be accepted, the customer must first make a declaration to THE MERCHANT concerning any returns and receive and THE MERCHANT’s consent. If accepted, the customer will ship the package to THE MERCHANT ADDRESS.
Shipping fees shall be at THE MERCHANT’s expense, except in the case where the goods do not correspond to the original declaration made by the customer concerning the return.
The provisions hereof cannot deprive the customer of their right to legal warranty requiring THE MERCHANT to protect the customer against latent defects of goods sold. The customer is expressly informed that THE MERCHANT is not the manufacturer of the goods presented in THE MERCHANT SITE and that THE MERCHANT shall not be held liable for defective goods.
In the case of damage to a person or property resulting from a product defect, only the product manufacturer shall be held liable and sought after by the customer, by means of the information provided on the packaging of said product. All products sold on THE MERCHANT SITE are under a one (1) year warranty. All products that have been modified or repaired by the customer or any other party not chosen by THE MERCHANT are not covered by this warranty.
The warranty can be extended according to the terms provided in store and on the website.
Right to Withdrawal
In accordance with the Distance Selling Regulations 2000, consumers and none business customers have the right to a cooling off period of seven (7) business days, starting at the time goods are received, to cancel the contract and return said goods at their own expense, without having to give a reason. All returns can be indicated beforehand with THE MERCHANT customer service department. All goods must be returned to THE MERCHANT ADDRESS.
The cooling off period and right to cancel do not apply to contracts, orders for any goods made to your specification, any downloaded goods or unsealed goods including but not limited to (DVD, CD, Tapes, Software, Video and audio).
Only complete and unused goods in perfect condition for resale will be accepted. No refunds or exchanges will be made for incomplete, damaged or unsealed goods, including damage to original packaging. The customer can exercise this right to withdrawal without penalty, excepting the return fee for the goods. If the customer exercises the right to withdrawal, they have the option of requesting a full refund or exchange of goods. If an exchange is requested, all shipping expenses shall be the responsibility of the customer.
If the right to withdrawal is exercised, THE MERCHANT will make every effort to refund the customer within 30 days.
The Right to Withdrawal is not applicable to business to business transactions and any items purchased by an individual for business use.
Right of Use
The use of any trademarks, logos or brands present on the site is strictly forbidden.
These terms and conditions remain valid and in force, even if one or more clauses are invalid or declared so under any law, regulation or following the final decision of a competent court.
Neither party will be deemed to be in breach of any of its obligations under the agreement as a result of any delay in performing or any failure to perform any such obligations by reason of any cause or event beyond the parties’ control.
A force majeure event includes, but is not limited to, any unforeseeable, inevitable, or unstoppable act, event, non-happening, omission or accident beyond the control of either party, despite all reasonable efforts made to the contrary. In addition to events usually recognized by the British courts, a force majeure event includes in particular (without limitation) the following: Strike, lock-out, earthquake, fire, storm, flood, lightning, explosion, impossibility of the use of public or private telecommunications networks.
In such circumstances, the party delayed or unable to perform (“Delayed Party”) shall notify the other party (“Affected Party”) within ten (10) business days following the date such events become known. Unless prevented due to force majeure, both parties will meet within three months to examine the impact of the event and agree to the conditions under which the contract shall be continued. If the force majeure lasts longer than one (1) month, this agreement may be terminated by the injured party.
No failure of either party to exercise any power given to it in these terms and conditions or to insist upon strict compliance by the other party with its obligations hereunder shall constitute a waiver of either party’s right to demand exact compliance with the terms hereof.
All personal data you provide us is used to process your orders. This data will be treated in accordance with the Data Protection principles outlined in the Data Protection Act 1998. Applicable Law and Competent Jurisdiction
In form and content, these Terms and Conditions shall be governed by and construed in accordance with English law. All orders placed on THE MERCHANT SITE strictly imply the acceptance of THE MERCHANT’s terms and conditions.
In case of dispute or claim, the customer agrees to seek an amicable solution with THE MERCHANT before proceeding with any legal action. In the event where such a solution cannot be found, any disputes concerning the sale (price, Terms and Conditions, products, etc.) will be subject to the exclusive jurisdiction of the English courts.
Blaydon Communications Limited do not disclose buyers’ information to third parties other than when order details are processed as part of the order fulfillment. In this case, the third party will not disclose any of the details to any other third party.
a. Take and fulfill customer orders
b. Administer and enhance the site and service
c. Issue a unique identifier (e.g. customer login)
d. Monitor customer account status beyond that required for individual purchases
e. Only disclose information to third-parties for goods delivery purposes
Your rights to return goods are protected under the EU Distance Selling Directive, which can be found at: http://www.hmso.gov.uk/si/si2000/20002334.htm
We will always endeavour to send you your item correctly in the first instance, should an error occur with your order and that error is deemed to be our fault we will rectify situation as a matter of urgency. Should you incorrectly order an item or wish to return an item for whatever reason then authorisation must be obtained from us.
All non-faulty returns should be returned complete and in original undamaged packaging. We reserve the right to refuse returns that are not complete have unacceptable packaging. We also reserve the right to charge for missing items and return carriage in some instances may be chargeable.
If you wish to cancel an order either before it is despatched or after you receive it the following terms apply.
PLEASE NOTE YOUR CANCELLATION RIGHTS EXPIRE 7 WORKING DAYS AFTER YOU HAVE RECEIVED YOUR ITEMS
a. Your request to cancel an order must be made in writing, verbal cancellations need to be confirmed in writing. We will accept an email from the address used for the order.
b. We will reply to the request for cancellation, you must keep this confirmation as evidence of our agreement to cancel.
c. You do not have to give a reason if you cancel your order.
d. You will be responsible for returning your order to us at your expense.
e. If you do not return the order we may arrange for collection. If so, we will deduct the costs of collection from your refund.
f. Please return the goods in the original condition you received the goods, unopened and unused.
g. We will refund you within 30 days of your notice of cancellation and or receipt of returned goods.
h. If there is no error made by us with your order, we will refund the cost of your order but not the charges for delivery of your order.
i. We will not refund you the cost of returning your order.
j. If your order is cancelled prior to despatch we will cancel the order without any charge.