| PLEASE READ CAREFULLY
Please read our Terms and Conditions of Sale before placing an order.
If you wish to keep a copy for your records please print out this
screen.
1. Definitions
In this Agreement, unless the context otherwise requires, the following
expressions have the following meanings:
1.2 'Supplier' means Future Shop Ltd trading as FutureShop.co.uk,
Registered in England and Wales No. 05045306. Registered Office:
Finance House, 15 Wilberforce Road, London. NW9 6BB. VAT No. 853
3355 25.
1.3 'Goods' means the goods or services supplied by Future Shop
Ltd trading as FutureShop.co.uk
1.4 'Customer' means the person or company who purchases or agrees
to purchase goods or services from Future Shop Ltd trading as FutureShop.co.uk
2. General
2.1 These terms and conditions of sale apply to all goods supplied
by the Supplier.
2.2 No contract exists between the Customer and the Supplier for
the sale of any goods or services until the Supplier has received
and accepted your order and the Supplier has received payment in
full (in cleared funds). Once the Supplier does so, there is a binding
legal contract between us.
2.3 An acknowledgement of your order will be sent to you via e-mail
when you place your order, but acceptance of your offer to buy the
Goods will not take place until after your payment is taken and
you receive your confirmation of payment. It is at this point that
a binding legal contract is created and any contract is subject
to these Terms and Conditions.
2.4 The Supplier may change these terms and conditions of sale without
notice to you in relation to future sales.
2.5 The contract is subject to your right of cancellation (9).
2.6 The Supplier reserves the right the decline any order for any
reason.
3. Description of the goods
3.1 The description and price of the goods you order will be as
shown on the Supplier's website at the time you place your order.
3.2 The goods are subject to availability. If on receipt of your
order the goods you have ordered are not available in stock, the
Supplier will inform you as soon as possible.
3.3 Many of the goods we sell are of a technical nature and unfortunately
it is not practical to publish detailed specifications of all the
goods and keep specifications 100% up to date. All drawings, descriptive
matter, specifications and advertising on our website are for the
sole purpose of giving approximate descriptions of the goods.
4. Price of the Goods
4.1 Every effort is made to ensure that prices shown on the Supplier's
website are accurate at the time you place your order. If an error
is found, the Supplier will inform you as soon as possible and offer
you the option of reconfirming your order at the correct price,
or canceling your order. If the Supplier does not receive an order
confirmation within 7 days of informing you of the error, the order
will be cancelled and you will be notified by email. If you cancel
your order prior to dispatch, the Supplier will refund or re-credit
you for any sum that has been paid by you or debited from your credit/debit
card for the goods.
4.2 In addition to the price, you may be required to pay;
4.2.1 Postage & Delivery charges
4.2.2 Value Added Tax and any other taxes
4.3 Goods marked as 'Free' items under promotional offers will be
treated as a component of the primary goods sold.
5. Payment
5.1 Payment for the goods, Postage and delivery charges can be made
by any method shown on the Supplier's website at the time you place
your order.
5.2 Payment shall be due before the delivery date.
5.3 There will be no delivery until cleared funds are received.
5.4 Credit account invoices (unless otherwise agreed by the Supplier)
shall be payable by the Customer within 30 days of the Supplier's
invoice. In the event of late payment the Supplier reserve the right
to charge interest on overdue amounts at an interest rate of 3%
above the current HSBC Bank Plc base Rate.
6. Delivery
6.1 Orders placed before 4:30 pm on a working day (Monday to Friday
excluding public holidays) will usually be processed that day and
will be delivered as per the requested delivery option provided
no additional security checks are required and all items are in
stock.
6.2 The goods you order will be delivered to the delivery/shipping
address given when you place your order.
6.3 If delivery cannot be made to your delivery/shipping 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.
6.4 If you deliberately fail to take delivery of the goods when
delivery is attempted, then the Supplier may:
6.4.1 store the goods until actual delivery and charge you for reasonable
costs of storage; or
6.4.2 sell the goods at the best readily obtainable price and (after
deducting all reasonable storage and selling expenses) credit to
you for any excess over the price you agreed to pay for the goods
or charge you for any shortfall below the price you agreed to pay
for the goods.
6.5 If you fail to take delivery because you have cancelled your
contract under the Distance Selling Regulations 2000, the Supplier
shall refund or re-credit you within 30 days any sum that has been
paid by you or debited from your credit card for the goods less
any expenses incurred for failed delivery.
6.6 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 delays in delivery.
6.7 Time for delivery shall not be of the essence. The goods may
be delivered by the Supplier in advance of the quoted delivery date.
6.8 Upon receipt of your order you will be asked to sign for the
goods received in good condition. If for any reason you are unable
to check the contents of the package at time of delivery, please
sign for the parcel as "UNCHECKED". Failure to do so may
affect any warranty claims that you make thereafter.
6.9 Upon receipt of your goods you have 48 hours to notify us of
any missing items or discrepancies in your order.
7 Risk/Title
7.1 The goods are at your risk from the time of delivery
7.2 Ownership of the goods shall not pass from the Supplier to you
until the Supplier has received in full (in cash or cleared funds)
all sums due to it in respect of:
7.2.1 the goods, and
7.2.2 all other sums which are or which become due to the Supplier
from you on any account.
7.3 The Supplier shall be entitled to recover payment for the goods
notwithstanding that ownership of any of the goods has not passed
from the Supplier.
8. Title for Business Customers
8.1 If you are a business customer until ownership of the goods
has passed to you, you must:
8.1.1 store the goods (at no cost to the Supplier) separately from
all your other goods and goods of any third party in such a way
that they remain readily identifiable as the Supplier's property;
8.1.2 not destroy, damage, deface or obscure any identifying mark
or packaging on or relating to the goods; maintain the goods in
satisfactory condition and keep them insured on the Supplier's behalf
for their full price against all risks to the reasonable satisfaction
of the Supplier; and insure the goods on the Supplier's behalf for
their full price against all risks to the reasonable satisfaction
of the Supplier.
8.1.3 hold the proceeds of the insurance referred to in condition
8.1.2.
8.1.4 on trust for the Supplier and pay the proceeds of the insurance
to the Supplier within 5 working days of receipt of the proceeds.
8.2 If you are a business customer your right to possession of the
goods shall terminate immediately if:
8.2.1 you have a bankruptcy 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 enter into liquidation
(whether voluntary or compulsory) except a solvent voluntary liquidation
for the purpose only of reconstruction or amalgamation, or have
a receiver and/or manager, administrator or administrative receiver
appointed of its undertaking or any part thereof, or a resolution
is passed or a petition presented to any court for your winding
up or for the granting of an administration order in respect of
you, or any proceedings are commenced relating to your insolvency
or possible insolvency; or
8.2.2 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 or you cease to trade; or 8.2.3 you encumber
or in any way charge any of the goods.
9. Your right of cancellation
9.1 You have the right to cancel the contract at any time up
to the end of 7 working days after you receive the goods.
9.2 To exercise your right of cancellation, you must give written
notice to the Supplier by letter or via email, giving details of
the goods ordered and any order reference. Notification by phone
is not sufficient.
9.3 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. The goods must be returned
to the address above (1.2) or the address given on your Returns
RMA form. You must take reasonable care to ensure the goods are
not damaged in the meantime or in transit.
9.4 Once you have notified the Supplier that you are canceling
the contract, the Supplier will refund or re-credit you within 20 working
days from receipt of the returned goods for any sum that has been
paid by you or debited from your credit card for the goods, less any postage costs incurred by the Supplier.
9.5 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.
9.6 The Supplier may charge a restocking fee for items returned
that are not in a suitable condition
9.7 We unable to accept the return of Custom made cables as these are tailored to individual requirements and are specially made to order.
10. Returns
All returns are subject to the Suppliers published Returns Policy.
Goods ordered may only be returned within the first
7 working days for a full product refund including VAT, providing
the following conditions are fulfilled:
10.1 GOODS RETURNED MUST BE RECEIVED IN 'AS NEW' CONDITION,
UNUSED WITH ALL PRODUCT SEALS INTACT.
10.2 Goods must be returned complete (including all packaging, cables,
manuals, promotional gifts, CD’s etc for that product). If
any item(s) are missing when received then the product is deemed
incomplete
10.3 The packaging of the goods must be unmarked and undamaged.
10.4 All returns must be authorised and an RMA Returns Form included
with the returned product.
10.5 Carriage costs for dispatch and returning the Goods are your
responsibility.
10.6 The Goods remain your responsibility during transit and until
signed for by us.
10.7 All goods must be returned within 7 days the RMA date of issue.
10.8 We are unable to accept the return of Custom made cables as these are tailored to individual requirements and are specially made to order.
10.9 You will not be eligible for free delivery on your order
if any items are cancelled or returned for a refund, bringing the total order amount
below £99. Where items are returned, the refund due will be the cost of the item less any postage costs.
10.10 Where goods are returned due to possible incompatibility with customers equipment, all associated delivery costs are the responsibility of the customer.
10.11 We will refund or re-credit you within 20 working days from receipt of the returned goods for any sum that has been paid by you or debited from your credit card, less any postage costs incurred by futureshop.co.uk.
If upon receipt the returned Goods fail to meet the above conditions
then the Supplier may refuse to accept the Goods or charge a restocking
fee (£10 or 20% whichever is greater).
11. Warranty
11.1 All goods supplied by the Supplier are warranted free from
defects for 12 months from the date of supply (unless otherwise
stated). This warranty does not affect your statutory rights as
a consumer.
11.2 This warranty does not apply to any defect in the goods arising
from fair wear and tear, willful 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.
11.3 If the goods supplied to you are damaged on delivery, you should
notify the Supplier in writing via the email address shown below
within 48 hours.
11.4 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 email address shown below, as soon
as possible, but in any event within 7 days of the date you discovered
or ought to have discovered the damage, defect or complaint.
11.5 If goods are found to be defective, a working replacement will
be sent to you. We will offer a refund where we unable to replace
the item.
12. Limitation of Liability
12.1 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 price paid
for the goods.
12.2 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.
13. Images
13.1 All drawings, illustrations, product images are for illustrative
purposes only and do not from part of this agreement.
13.2 Drawings, illustrations, product images or other technical
documents issued either before or after the conclusion of the agreement
for the use or information of the customer shall not be copied,
reproduced or communicated to any third party without the Suppliers
prior written consent.
14. Data Protection
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 unauthorised access to information
supplied by you.
15. Applicable Law
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.
16. Our Right of Cancellation
If for reasons beyond our reasonable control, including but not
limited to an inability or failure on the part of the manufacturers
or suppliers of the goods to supply the goods to us, we are unable
to supply the goods to you, we may cancel the agreement at any time
before the goods are delivered by giving notice to you. We shall
promptly repay to you any sums paid by you or on your behalf under
or in relation the agreement. We shall not be liable for any other
loss or damage whatever arising from such cancellation.
Future Shop Ltd
April 2005
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