Terms & Conditions of Sale
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© Nebula Media Solutions Ltd 2008.
All rights reserved.
Terms & Conditions of Sale
Every quotation, pro-forma invoice, price list or other similar document made or issued
by Nebula Media Solutions Ltd ("the company") is made or issued subject to these General Terms
and Conditions of Sale. These terms and conditions do not affect consumers' statutory
rights as contained in current legislation governing the relationship between consumers
and businesses.
1. Definitions
The Company means Nebula Media Solutions Ltd. The Customer or you, means the account applicant
or person who buys or agrees to buy goods from the company.
2. Acceptance of Orders
No order resulting from any quotation, pro-forma invoice, price list or other similar
document made or issued by the company shall be binding unless and until it is accepted
by the company. The company at its absolute discretion may accept or reject any order
whether on account of the equipment being no longer available or for any other reason
whatsoever.
3. Product Specifications
The company warrants that the goods will be at the time of delivery correspond to the
description given by the company. It is the responsibility of the customer to check the
compatibility and suitability of goods for any particular purpose before ordering.
The company hereby reserves the right to make without notice such minor modifications
in specifications, designs or materials as it may deem necessary or desirable by experience.
4. Payment
The company's normal terms of business are for all payments to be made on despatch
of goods, unless payment is by cheque when clearance of cheques may result in a delay
in despatch of goods. The contract will be deemed as active once payment has been received
by the company.
5. Despatch
Customers will be given an estimated date of despatch when placing orders. If these dates
are exceeded the company will endeavour to keep customers informed of the delay and an
expected new delivery date. Customers may cancel their order at any time prior to despatch
by contacting the Customer Services Department in writing. This should be sent to the
Customer Services Manager at the company’s registered address. If payment has been made
by cheque a refund will be issued within 14 days of written receipt of the cancellation
order.
6. Delivery
Whilst every reasonable effort shall be made to keep to any delivery date, time of
delivery shall not be of the essence and the company shall not be liable for any losses,
costs, damages or expenses incurred by the customer or any other person or company arising
directly or indirectly out of any failure to meet any estimated delivery date. The risk
in the goods shall pass from the company to the customer upon delivery of such goods to
the customer.
The delivery method shall be Royal Mail Recorded delivery except in the case where a different courier/method has
been requested in advance of the placement of the order.
7. Damages and Shortages
The customer shall report any damage or shortage to the company and the carriers in
writing within 7 days of delivery. Provided prompt notice of transit damage or loss is
given and provided it is proved to the company's satisfaction that such damage occurred
in transit in the UK but not otherwise, the company will refund, repair or replace such
equipment free of charge to the customer.
8. Ownership and Risk
The risk in the goods shall pass from the company to the customer upon delivery of such
goods to the customer. 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 customer until the company has received in cash or cleared funds,
payment in full for all goods delivered to the customer under this and all other contracts
between the company and the customer for which payment of the full price of the goods
there under has not been paid. Payment of the full price of the goods shall include
the amount of any interest or other sum payable under the terms of this and all other
contracts between the company and the customer under which the goods were delivered.
9. Warranty & Returns
If you wish to return any item
you must first contact our Technical Support Department and obtain a Product Returns
Number. You must use any manufacturer repair service or on-site arrangement provided.
Any on-site arrangements apply to mainland UK only.
Goods Damaged in Transit:
If your goods were damaged in transit, you must report it to us within 7 days. If goods are visibly damaged on receipt, you should sign the delivery note accordingly. Once the damaged goods are received back into our warehouse, we’ll issue a full refund or replacement.
Goods Faulty on Arrival:
If your goods are faulty on arrival, you have 28 days to inform us of the fault (please note that for business customers, this is 14 days). When the goods are returned to us and the fault has been verified, we’ll issue either a full refund or replacement/repair of the faulty device.
If no fault is found, a restocking fee of 10% of the purchase cost will be charged to you.
Goods Faulty in Warranty Period:
If your goods develop a fault but it’s more than 28 days since receipt, then provided your product is within its warranty period, you are entitled to a warranty replacement/repair of the faulty device.
If no fault is found, a restocking fee of 10% of the purchase cost will be charged to you.
In addition to any manufacturers warranty all products, except consumables, software and input devices, are covered by our own 12 month warranty.
If you have changed your mind (under the Distance Selling Regulations):
If you have simply changed your mind about your order and you wish to return your goods, then in line with the Distance Selling Directive (DSD) you can do so provided you inform us of this decision within 10 days from receipt. The goods must not be opened nor used and must be ‘as new’ when returned to us.
Once you’ve informed us in writing of your decision to return goods under DSD, you have 28 days to do so at your own expense.
Goods must be in resaleable condition, be returned in their original packaging including any manuals, blank warranty cards, accessories, and any other documentation included with the original shipment. Once goods are received at Nebula Media Solutions we’ll issue a full refund for the cost of the goods to your original payment method. Please note this policy does have some limitations and does not apply to business customers.
No returns of non-defective goods will be accepted after ten (10) days of the invoice date.
Refunds will be credited using the original payment method within 14 days of receipt of the returned goods at Nebula Media Solutions, although please note that the refund may not appear on your statement until 30 days have elasped.
N.B. Please note that refunds cannot be given for any software purchased or downloaded from our site, nor for any DigiTV licenses issued. In the case of extended functionality DigiTV licences, there is a built-in grace period of 1 minute within the DigiTV application that gives the user full access to the function required. This period should be used to decide on the suitability of the licensable function for your purpose before purchasing.
10. Product Misuse
Should any equipment malfunction as a result of abnormal environmental factors
(including without prejudice to the generality of the foregoing mains power transients
or dropouts , electromagnetic interference, extremes of humidity, vibration,
electro-static damage, temperature or pressure or chemical corrosion then all costs
incurred by the company in repairing such equipment and investigating the causes of the
malfunction shall be payable to the company.
11. DigiTV Extended Function Licences
DigiTV extended function licences can be purchased to unlock certain special-purpose functions of the DigiTV application software. The term 'licence' is used
solely to refer to the unlocking of the function and does not make any further representation. Specifically, the term 'licence' is in no way connected to
product, service or privilage offered by any company other than Nebula Media Solutions Ltd. DigiTV licences may only be used in accordance with these terms of sale, and
the End User Licence Agreement (EULA).
Please also see Section 9.
12. Force Majeure
The company will not be liable for any breach of agreement, for delay or failure to
perform if the delay or failure is due to acts of God, civil commotion, riots, floods,
drought, fire, legislation or other cause beyond the companies reasonable control.
This does not affect your statutory rights. If the company choose not to enforce a right
under this agreement, that decision will not prevent the enforcement of other rights,
or the same right on a later occasion.
13. Liability
Under no circumstances shall the company be responsible for any indirect, incidental
or consequential damages.
14. Distance Selling Regulations
The terms and conditions of sale detailed below are provided for your information,
in line with legislation contained in Consumer Protection (Distance Selling) Regulations
2000. This legislation covers items bought where there is no direct contact between the
supplier and the consumer. It does not apply where goods are bought for business use,
from showrooms, fairs or exhibitions.
15. Contract
Your contract is with:
Nebula Media Solutions Ltd,
Unit B, Pembroke Business Park,
College Road,
Hextable,
Kent.
BR8 7LT
Tel: TBA
The customer service lines are available Monday-Friday 9am-5pm GMT
16. Offers
From time-to-time the company may offer discounts or concessions on its products or the products
it sells. The company reserved the right to cancel any or all of the offers and concessions without notice,
or to withdraw or limit their use by a specific individual or individuals.
17. Questions or Complaints
If you have any questions or complaints regarding the company, these can be addressed
to the Customer Services Manager at the above address. The company will endeavour to
acknowledge written complaints within 5 working days. The time it takes to reach complete
resolution of complaints will be governed by the nature and complexity of the issue but we
will endeavour to ensure that consumers are informed of the progress of complaints as
appropriate.
Details of the specification, price and arrangements for payment of the goods purchased
by distance selling are available on our web site , in our company publications and will
also be provided on invoices despatched with order. The Nebula sales team are happy to
send a quote by fax or mail detailing specifications, or customers may want to print out
copies of web orders for their records.
Distance Selling regulations allow for a cooling off period of 7 days from receipt of
goods covered under the legislation. Customers may return specified goods without reason
within this period for a refund. This excludes goods made to the consumer’s specifications.
It does not apply to goods intended for everyday consumption . Video recordings or computer
software unsealed by the consumer are also excluded. Goods returned have to be complete
and in a resalable condition including original packaging. The cost of returning and
appropriately insuring the goods until satisfactory receipt at the company will be borne
by the customer.
To cancel the contract under the terms of the Direct Selling legislation with the company
the Customer Services Manager must be contacted in writing at the above address within
10 days of receipt of the goods. The customer will be required to return the goods to the
company before a refund can be processed. The Customer Services department will then
contact the customer with a RETURN TO MANUFACTURER number within 5 working days.
This number must be quoted on all returned goods so that the goods can be properly
identified. The company cannot be held responsible for goods returned without proper
identification.
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