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Visible Effect Terms and Conditions
1. General
1.1. These Conditions shall supersede all earlier conditions of VISIBLE EFFECT.
1.2. These conditions shall take precedence over any conditions of the
Customer and shall not be varied without the written consent of a
director of VISIBLE EFFECT.
2. Definitions
2.1. "VISIBLE EFFECT" means VISIBLE EFFECT of 2 St John Street, York, YO31 7QT.
2.2. "Customer" means the person, firm or company buying or agreeing to buy goods and services from VISIBLE EFFECT.
2.3. "Price Paid" means the price paid by the Customer for the Product
excluding carriage and any credit surcharge. The Price Paid is stated
on the Order Confirmation.
2.4. "Order Confirmation" means the acknowledgement of the Customer´s order sent to the Customer by VISIBLE EFFECT.
2.5. "Product" means any DVD, video or CD supplied to the Customer by VISIBLE EFFECT.
3. Prices and Ordering
3.1. Unless otherwise stated all prices are exclusive of delivery.
3.2. The price payable by the Customer will be the price current at the date of the order.
3.3. Reservation of Products does not constitute an order and is not binding on either party.
3.4. Orders are accepted by writing, Internet or telephone. Orders are
only binding when VISIBLE EFFECT accepts payment in full for the order
and the customer receives payment confirmation in writing.
3.4. Errors and omissions are excepted. Images are for illustrative purposes only.
4. Payment
4.1. Payment is due on demand and in any event must be made prior to delivery of the products ordered.
5. Delivery
5.1. Any delivery date stated is only a warranty by VISIBLE EFFECT to
use reasonable endeavours to effect delivery by that date. No liability
will be accepted by VISIBLE EFFECT for failure to meet a stated
delivery date.
5.2. Products supplied by VISIBLE EFFECT are delivered at the risk of
VISIBLE EFFECT. Customers must make a claim for damage or loss of the
goods in writing: -
5.2.1. if a Product is damaged, within 72 hours of delivery; and
5.2.2. if a Product has been lost or is short, within 48 hours of delivery.
No claim for loss or damage will be allowed if the Customer claims outside the above time limit.
5.3. If payment is made by credit or debit card, delivery will be made to the statement address of the cardholder.
6. Consumer Rights
6.1. If you are a consumer (a private person buying for their personal
use) then you may cancel your purchase at any time within 7 days of
receipt and we will give you a refund of the Price Paid. You must
inform VISIBLE EFFECT in writing and return the Products to us
immediately in the same condition you received them, at your own cost
and risk.
6.2. If the consumer has taken these items out of the sealed packages
in which they were delivered, then clause 6.1 does not apply.
6.3. If a customer wishes to return Products not covered by
clause 6.1 then such Products will be accepted at the discretion of
VISIBLE EFFECT. The customer must obtain a Returns number from VISIBLE
EFFECT and quote this when returning the goods. The customer will be
credited with the current market price.
7. Guarantee
7.1. If within 1 month of being delivered a defect in any Product is
discovered which is directly due to faulty goods or workmanship, or if
a valid claim is made under 5.2 above, then VISIBLE EFFECT shall
replace the Product free of charge.
7.2. The Customer should return the Product in its original packaging
to VISIBLE EFFECT at the address above. Prior authorisation must be
obtained for any returns by contacting VISIBLE EFFECT and obtaining a
Returns number, which must be quoted in any correspondence.
7.3. All Orders are sold as individual Products. All returns must comprise of only the defective Product.
7.4. If any item is returned which is found not to be faulty, then a
charge will be made for return carriage insurance and administration.
7.5. This clause does not affect your statutory rights.
8. Limitation of Liability
8.1. VISIBLE EFFECT shall not be liable for any financial consequential
indirect or other losses suffered by the Customer or any third party
whether such loss arises in contract or tort or in any other way.
9. Uncontrollable Events and Delays
9.1. In case of delays caused by circumstances beyond the control of
VISIBLE EFFECT or its suppliers, VISIBLE EFFECT shall have the right to
either suspend delivery or to cancel the contract without liability.
9.2. Examples of Uncontrollable Events are (by way of example and not
limited to) strike, lockout, riot, revolution, war, epidemic, working
difficulties, transportation difficulties, fire, and failure of
suppliers or official regulations.
10. Customers Obligations
10.1. You are responsible for your own choice of Product and the
suitability for any particular purpose. You must ensure that any
Products are compatible.
10.2. Images are for illustration purposes only.
10.3. You must provide reasonable courtesy information and co-operation to VISIBLE EFFECT.
11. Title and Risk
11.1. Until full payment has been received by VISIBLE EFFECT for all
Products whatsoever, supplied at any time by VISIBLE EFFECT to the
Customer: -
11.1.1. property of the Products shall remain in VISIBLE EFFECT;
11.1.2. the Customer shall store the Products in such a way that
they can be readily identified as being the property of VISIBLE EFFECT,
and at all times in accordance with VISIBLE EFFECT recommendations;
11.1.3. subject to 11.1.4 and 11.1.5 below the Customer shall be
at liberty in its own name (but not on behalf of or in the name of
VISIBLE EFFECT) to sell the Products in the ordinary course of
business, on the basis that any proceeds of sale shall be the property
of and be held on trust for VISIBLE EFFECT;
11.1.4. VISIBLE EFFECT may at any time suspend or revoke the
Customers power of sale by notice in writing to the Customer if the
Customer is in default for longer than 14 days in payment of any sum
whatsoever due to VISIBLE EFFECT or if any Bill of Exchange, cheque or
other negotiable instrument drawn or accepted or endorsed by the
Customer is dishonoured on presentation for payment;
11.1.5. the Customer´s power of sale will automatically
determine if a Receiver is appointed over any of the assets or the
undertaking of the Consumer or a winding up order is made against the
Consumer or the Consumer goes into voluntary liquidation (otherwise
than for the purpose of reconstruction or amalgamation) or causes a
meeting of, or makes any arrangement or composition with creditors or
commits any act of bankruptcy;
11.1.6. upon revocation of the power of sale under clauses
11.1.4 and 11.1.5 above the Customer shall place the Products at the
disposal of VISIBLE EFFECT, who shall be entitled to enter upon any
premises of the Customer for the purposes of removing the Products from
the premises.
11.1.7. The risk in the goods shall pass from the seller to the
buyer upon delivery of such goods to the buyer. However,
notwithstanding delivery and the passing of risk in the goods, title
and property in the goods, including full legal and beneficial
ownership, shall not pass to the buyer until the seller has received in
cash or cleared funds payment in full for all goods delivered to the
buyer under this and all other contracts between the seller and the
buyer for which payment of the full price of the goods thereunder has
not been paid. Payment of the full price of the goods shall include the
amount of any interest of other sum payable under the terms of this and
all other contracts between the seller and the buyer under which the
goods were delivered.
12. Marketing Emails
12.1 ‘Marketing Emails’ refers to any promotional email communication.
The information transmitted in these emails is intended only for the
person(s) or entity to which it is addressed and may contain
proprietary, confidential and/or privileged material. If you have
received an email in error, please contact the sender. Although the
emails and any attachments are believed to be free of any virus, it is
the responsibility of the recipient to ensure that they are virus free
and no responsibility is accepted by the sender for any loss or damage
arising in any way from the receipt or use thereof. Errors and
omissions are excepted. Images are used for illustrative purposes only.
Prices valid for the indicated time period only. Offer pricing only
available on the online store.
13. Miscellaneous
13.1. If any part of these Terms and Conditions are found to be invalid or unenforceable by a court the rest are unaffected.
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©2005 Philip
Callaghan, Visible Effect
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