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|| Terms And Conditions of Sale
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE
1. Format of the Contract
1.a These terms of sale apply to all goods supplied by TRADE MEDIA LTD, whose registered office is at MEDIA HOUSE (UNIT 18), RYLANDS IND EST, BAGLEY ROAD,
WELLINGTON TA21 9PZ, registered in England and Wales No. 3239812 (the “Supplier”). The “Buyer” means the person, firm or company purchasing the goods.
1.b No contract exists between you and the Supplier for the sale of any goods 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. If the Supplier has agreed in writing to offer the Buyer a credit account, then
a binding legal contract will exist when the Order is placed.
1.c The contract is subject to your right of cancellation (see below).
1.d The Supplier may change these terms of sale without notice to you in relation to future sales.
2. Description and price of the goods
2.a 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.
2.b 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 and
refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.c 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 cancelling your order. If the Supplier does not receive an order confirmation within
14 days of informing you of the error, the order will be cancelled automatically. If you cancel the order, or if the order is cancelled automatically due to the expiry of the 14 day
period, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.d In addition to the price, you may be required to pay a delivery charge for the goods.
3.a 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 delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the Supplier to terminate the contract immediately.
3.b There will be no delivery untill cleared funds are received except where clause 3.d applies.
3.c Payments shall be made by you without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by the
Supplier to you.
3.d Buyers with an approved credit account must pay invoices within 30 days of invoice without any withholding, deduction, set-off, counterclaim or cross demand (whether in
respect of the Contract or any related contract)
3.e Time shall be of the essence in relation to the fulfilment of any obligation of the Customer as to payment.
3.f Buyers with an approved credit account who wish to pay their account by credit or debit card will be liable to pay a surcharge currently at 2% of the payment.
3.g If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Supplier, the Supplier shall be entitled to charge
the Buyer interest (both before and after any judgment) on the amount unpaid, at the rate four percentage points above National Westminster Bank plc base rate from time to
time or at such rate as is the maximum permissible by statute until payment in full is made.
4.a The goods you order will be delivered to the address you give when you place your order, except that some deliveries are not made outside the United Kingdom.
4.b 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.c If delivery cannot be made to your address for reasons under the Supplier´s control the Supplier will inform you as soon as possible.
4.d If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or
remedy available to the Supplier , the Supplier may:
4.d.a store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
4.d.b sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account 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.
4.e 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. On exercising your right to cancel you shall be required to return the goods to the Supplier. Should
you fail to return the goods, the Supplier reserves the right to deduct any direct costs incurred by the Supplier in retrieving the goods as a result of such failure.
4.f 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.g Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse
the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as “UNCHECKED”. Failure to do so may affect any
warranty claims that you make thereafter.
4.h Whilst every reasonable effort will be made by the Supplier to ensure the goods are delivered as per the requested delivery option, this does not form part of the contract and no delivery option can be guaranteed.
5.a The goods are at your risk from the time of delivery.
5.b 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.b.a the goods, and
5.b.b all other sums which are or which become due to the Supplier from you on any account.
5.c The Supplier shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from the Supplier.
6. Title for Business Customers
6.a If you are a business customer until ownership of the goods has passed to you, you must:
6.a.a 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;
6.a.b not destroy, 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. On request you shall produce the policy of insurance to the Supplier; and
6.a.c hold the proceeds of the insurance referred to in condition 6.a.b on trust for the Supplier and not mix them with any other money, nor pay the proceeds into an overdrawn
6.b If you are a business customer your right to possession of the goods shall terminate immediately if:
6.b.a 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 grant-ing of
an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
6.b.b 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
6.b.c you encumber or in any way charge any of the goods.
7. Your right of cancellation
7.a You have the right to cancel the contract at any time up to the end of 7 working days after you receive the goods (see below).
7.b To exercise your right of cancellation, you must give written notice to the Supplier by hand or post, giving details of the goods ordered and (where appropriate) their delivery.
Notification by phone is not sufficient.
7.c Except in the case of faulty or misdescribed goods, 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 given. You must take reasonable care to ensure the goods are not damaged in the
meantime or in transit. In the case of faulty or misdescribed goods we shall, after receiving notification in accordance with clause 9, either collect the goods from you or ask you
to return the goods yourself and possibly refund you the reasonable postage costs.
7.d 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.
7.e Except in the case of faulty or misdescribed goods, if you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering
7.f You do not have the right to cancel the contract if the order is for computer software which has been unsealed by you, or for consumable goods which, by their nature, cannot
be returned, save where a fault is discovered which could not have been discovered otherwise than by unsealing the goods.
8. Damaged Goods & Shortfalls
8.a If goods arrive in a damaged condition you must note this on the carrier’s delivery schedule. It is your responsibility to inform us within 3 days of delivery of any damages
8.b Damaged goods claims will be processed by the Seller within 5 working days of notification, as will shortfalls in the order.
9.a On request, a Returns Authorisation Form will be sent via e-mail together with a Returns Authorisation Number, this will allow the Buyer to return the goods.
9.b This form must be completed and returned with the items.
9.c NO goods will be accepted at our warehouse without a Returns Authorisation Form and RA Number.
9.d In the event that the Buyer mistakenly orders the wrong product, The Seller will refund the cost of the goods (less the initial delivery charge and less a restocking charge, see 9.i)
when they are received back by the Seller in a re-saleable condition.
9.e The cost of return to the Seller shall be paid by the Buyer and will not be refunded.
9.f TRADE MEDIA LTD is unable to refund for goods that have been removed from their original packaging (i.e. taken out of its plastic wrap) or any item that is not in its original
condition (is damaged or used). It is the customer’s responsibility to check that the correct goods have been received before unwrapping goods supplied by TRADE MEDIA LTD.
9.g All goods that are being returned must be re-packed to the same standard of protection as when the Buyer received them, and must be returned within 30 days. Returned
goods received after 30 days or that are damaged in transit due to poor packaging will NOT be refunded, and will be returned to the Buyer.
9.h The Returns Procedure
9.h.a. A Returns Authorisation Form must accompany all returns. Please ensure that ALL sections are completed: including full name, address and a daytime telephone number,
also the Invoice Number, and a brief description of the situation that needs to be resolved.
9.h.b. All returns must be sent back to the Seller by registered post or by other means that require a signature of receipt of the goods at the Sellers warehouse or reception.
9.i Upon satisfactory return of goods a 20% restocking fee will be deducted from the refund (£1.50 min).
10.a 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.
10.b 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.
10.c If the goods supplied to you are damaged on delivery, you should notify the Supplier in writing within 3 days.
10.d 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, as soon as
possible, but in any event within 3 days of the date you discovered or ought to have discovered the damage, defect or complaint.
10.e Goods returned to the Manufacturer under warranty may be repaired or replaced at the Manufacturers discretion.
11. Limitation of Liability
11.a Subject to 9.b below, if you are a consumer the Supplier shall not be liable to you for any loss or damage in circumstances where:
11.a.a there is no breach of a legal duty owed to you by the Supplier or by its employees or agents;
11.a.b such loss or damage is not a reasonably foreseeable result of any such breach;
11.a.c any increase in loss or damage resulting from breach by you of any term of this contract.
11.b 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.
11.c 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
12. 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.
Product images are for illustrative purposes only and may differ from the actual product.
The Supplier are aware that you the consumer are concerned as to what happens with personal information provided by you. We respect your privacy and treat all information
as private and confidential, we will only use information supplied by you for the purpose of internal accounts purpose, delivery of goods, and for us to keep in contact with you
from time to time regarding your order progress. We may also use this information for improving our quality of service and inform you of promotional deals we are offering from
time to time.
We do not and will not sell or release information provided by you to any other third parties, except when in connection with your orders, or in exceptional cases of debt recovery.
Unless required by law.
16. Trade Marks & Logos
All Trade Marks & Logos used belong to their respective owners, and we will comply, acknowledge and respect the owner’s wishes as and when requested.
All contents in this web-site including text, images, designs, graphics, logos is the property of the Supplier and is protected by United Kingdom and International copyright laws.
You may not use, copy and/or extract any part or parts of this web site for your own use without the express written consent of the Supplier
18. Deliveries made by the Royal Mail
Please allow 10 working days(Mon to Fri) for all deliveries made by the Royal Mail. If not received after 15 working days we will trace the parcel and re-send your order if it
has been lost. If we send out a second parcel and the first parcel is also received, the first parcel must be returned. If the parcel is not returned we may charge you for the
19.a The Buyer warrants that it is the copyright owner of all materials (including masters and sleeves) supplied to The Seller. The Buyer further warrants that it has full right
and authority to enter into duplication agreements with The Seller using these materials. The Supplier accepts duplication work on the basis that the Buyer retains a copy of the
master tape and provides the Supplier with a copy or original either way the Buyer must have a copied master held at their premises. The Supplier will agree to replace any
media tape that is lost or damaged whilst in the possession of the Supplier, with this to be his maximum liability.
20. Blank Media Compatibility
20.a. If you encounter any problems with the media that we sell please stop using the media immediately and contact us, if you continue to use the media and continue to have disc failures we are not liable for the "burnt" media with which you have had problems.
Most problems with media are usually related to hardware, firmware compatibility and setup and is not usually the media which is defective.
We get countless emails from people who buy the cheapest media expecting it to work in all DVD players who think they have `Faulty` media.
The media is usually not faulty but simply incompatible with their hardware. Please bear this in mind when purchasing media.
Budget media is hardly ever as universally compatible as quality media.
If you want virtually universal compatibility, we always recommend using media with a quality dye i.e. VERBATIM or SONY DADC.
20.b. Alleged `Faulty Media`. Most customers who experience trouble burning media always leap to the conclusion that the media must be faulty in some way.
In over 97% of these cases the fault lies elsewhere in their setup, or the media is simply incompatible, not defective.
In cases where the customer is adamant that the media is faulty, we have the following test procedure that we follow.
We have 5 test writers here (different makes) and 4 test DVD players. We usually burn 5 discs, 1 in each writer (or in extreme cases 10 discs) then test each disc in each DVD player.
We then compare the results to a previous test using the same media (or we run a new test with same media from different batch of the same media and compare results).
If the media does not show as defective in our test, we will only replace unused media.
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,
save that consumers resident in Scotland shall have the right to insist upon these terms being construed in accordance with the laws of Scotland and to submit to the jurisdiction
of Scottish courts.
If you wish to contact us are telephone numbers are:
Sales/Duplication: 01823 669166
Customer Services: 01823 669166
Fax: 01823 669466
The Waste Batteries and Accumulators Regulations
Under certain circumstances, TRADE MEDIA LTD offer take back on portable waste batteries. Please contact us on 01823 669166 for further information. Waste batteries should not be posted back to us.
Alternatively, you can find your local waste portable battery recycling facility at www.recyclenow.com.
Most supermarkets and shops that sell batteries will have collection bins for used batteries, and some town halls, libraries or schools may also set up collection points. End-users may find stores in their local area more accessible.
E. and O. Excluded
All images are for illustration purposes only and may vary from actual product supplied.