PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF SALE BEFORE PLACING YOUR ORDER. CUSTOMERS ARE RECOMMENDED TO RETAIN A COPY OF THESE TERMS FOR FUTURE REFERENCE.
1. Clarification of terms and format of the Contract
1.1 The terms herein regulate the customer's use of items and services provided by Network Video Systems (from hereon referenced as the Supplier).
These conditions apply to all sales from the Supplier unless otherwise agreed upon explicitly in writing by both parties.
1.2 No valid contract exists between you (the customer) and the Supplier for sales of goods until your order has been accepted by the supplier and the payment of the order has been received and cleared in its entirety. That acceptance will be complete at the time we send the Dispatch Confirmation E-mail to you.
1.3 On receipt of your order request an order confirmation e-mail will be sent to your elected e-mail account. This represents merely the acknowledgement to consider your request to purchase the goods.
1.4 Terms and Conditions laid out in this document in its current form are subject to change and amendment without prior notice to you necessary. The supplier however abides the responsibility to supply the Terms and Conditions to you by means that are easily accessible and readily available.
1.5 The relevant customer abides the liability for payment of services and goods of the Supplier due to order(s) under the specified customer account. The responsibility encompasses a third party's use of the account holder's access, hereunder unauthorized use, if the unauthorized usage cannot be proved to be the negligence by part of the Supplier.
2. Products pricing and information
2.1 Ordered goods by you will be as described and priced at the time of order submission. Tremendous effort is made to ensure the correctness of such details; however the Supplier reserves the right to cancel orders, prior to commitment of the legal contract (as set out in Section 1), due to erroneous price and unnatural price fluctuation in market.
2.2 All prices are shown in both the inc. VAT as well as exc. VAT form. Cost of carriage & handling charges are not inclusive in the stated prices unless explicitly specified and qualified for certain terms and requirements that are valid at the time order is placed.
2.3 All orders and goods are subject to availability and should the goods be unavailable under any reason, you will be notified by the Supplier at the first possible instant.
3.1 Payment for the goods and delivery charges can be made by any method shown on the Supplier's website at the time you place your order. Payment shall be due before the order dispatch date.
3.2 Orders are dispatched and invoiced after clearance of funds.
4.1 The goods you order will be delivered to the delivery address you provide when the order is placed.
4.2 Orders placed before 4:00 pm on a working day will be processed that day and will be delivered as per the requested delivery option provided no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays.)
4.3 If delivery cannot be made to your address for reasons under the Supplier's control the Supplier will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for delivery.
4.4 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under the control of the Supplier) then without prejudice to any other right or remedy available to the Supplier , the Supplier may:
4.4.1 Store the goods until actual delivery and charge you for reasonable costs of storage and redelivery; or
4.4.2 Treat your action as a cancellation of your contract with the supplier.
4.5 If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Supplier shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.
4.6 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible.
4.7 The goods may be delivered by the Supplier in advance of the estimated delivery date. We may sometimes update our delivery estimates based on the most recent information we have so please remember to check your estimated delivery date in Your Account. Any changes in price occurring after time of ordering will not have retroactive effects.
4.8 Upon receipt of your order you may be asked to sign for the goods received complete and in good condition. If you are unable to check the contents of the package at that moment in time please sign for the parcel as UNCHECKED. Failure to do so may affect any loss/damage claims that you make thereafter against our couriers.
4.9 Our estimated delivery times are always given as a date range and refer to the time of arrival of items at the customers premises. When time is set in days, we are referring to working days and excludes all weekends and bank holidays.
5.1 The goods are at your risk from the time of delivery
5.2 Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
5.2.1 the goods, and
5.2.2 all other sums due to the Supplier from you on any account.
5.3 The Supplier shall be entitled to recover payment for the goods if the ownership of any of the goods has not passed from the Supplier
6. Your right of cancellation
6.1 If you have simply changed your mind about any item ordered and you wish to return it, then in line with the Distance Selling Regulations (DSR) you can do so provided you inform us of your decision within 7 days of receipt. The item must not be used and must be 'as new' when returned to us. Once you've informed us that you wish to return goods under the DSR, you have 28 calendar days to do so, at your own expense. Once the item is received at Network Video Systems, we'll issue a full refund for the product to your original payment method. Please note this policy has some limitations and does not apply to business customers.(The Distance Selling Regulations do not apply to @work customers or our Business customers) (see below).
6.2 To exercise your right of cancellation, you must give written notice to the Supplier by letter or via the Returns online section of our website, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.
6.3 If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost except under the circumstances where goods are dead on arrival, in which case the returns shipping costs will be covered by the supplier. The goods must be returned to the given returns address in a re-sellable condition including all original documents and packaging boxes without any damage to goods and manufacturer packaging. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit, Network Video Systems may at its option either reject any returns that are not in accordance with its instructions or that are incomplete, or charge a restocking fee.
6.4 Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods minus any restocking fees or delivery charges.
6.5 Unless otherwise stated, the Customer will be responsible for the risk and cost of all outward and return carriage and insurance of all Equipment returned by the Customer. The onus of proof of safe delivery to Network Video Systems will rest with the Customer. In the event that no fault is found in the returned Equipment, Network Video Systems may charge the Customer a twenty five per cent restocking charge, provided that the Equipment is in original "as new condition"
6.6 Returned items must reach us in stock condition, i.e. unmarked, unopened, unused and undamaged If you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods.
6.7 You do not have the right to cancel the contract if the order is for computer software (CD, DVD, Tapes, Audio and Video, including e-mail delivery) which has been unsealed by you or activated; or for consumable goods (including CD/DVD Media, Paper, and Inks etc.) which, by their nature, cannot be returned once used unless found to be faulty, we reserve the right to refuse or charge a restocking fee If the Manufactures seal has been broken.
7.1 All items purchased carry a manufacturer's warranty only (unless otherwise stated). This warranty does not affect your statutory rights as a consumer.
7.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier's instructions, or any alteration or repair carried out without the Supplier's approval.
7.3 If the goods supplied to you are damaged on delivery, you should notify us within 7 working days.
7.4 If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier in writing via the e-mail address or online support system, as soon as possible, but in any event within 7 working days of the date you discovered or ought to have discovered the damage, defect or complaint.
8. Limitation of Liability
8.1 The Supplier's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the the losses that were reasonably foreseeable to both you and the supplier when you commenced using the website, or a contract for the sale of goods by the supplier to you was formed.
8.2 Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier's negligence or fraudulent misrepresentation.
8.3 If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
9. Data Protection
9.1 The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorized access to information supplied by you.
10. Applicable Law
10.1 These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract.