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High Street TV. Terms and Conditions of Sale
These terms and conditions apply to all purchases made by you, the customer, from us, High Street TV Ltd.
1. INFORMATION ABOUT US
1.1 We are High Street TV (Group) Limited, a company registered in England and Wales under company number 6577510. Our registered office and main trading address is Central House, Beckwith Knowle, Otley Road, Harrogate, North Yorkshire, HG3 1UF, UK. Our VAT number is 927251523.
2. OUR PRODUCTS
2.1 The images of the Products on our website and TV advertisements are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer or television’s display of the colours accurately reflects the colour of the Products and your Products may vary slightly from those images.
2.2 The packaging of the Products may vary from that shown on images on our site.
2.3 All Products shown on our website and TV advertisements are subject to availability. We will inform you as soon as possible if the Product you have ordered is not available and we will not process your order if made. In some circumstances we may offer a suitable substitute.
3. USE OF OUR SITE
Your use of our website is governed by our Terms of Website Use. Please take the time to read these, as they include important terms which apply to you.
4. HOW WE USE YOUR PERSONAL INFORMATION
5. CONSUMER INFORMATION
5.1 If you are a consumer, you may only purchase Products from our site or TV advertisements if you are at least 18 years old.
6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
6.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.3.
6.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been despatched (“Despatch Confirmation”).
6.4 All contracts will be concluded in English.
7 OUR RIGHT TO VARY THESE TERMS
7.1 We may revise these Terms from time to time in the following circumstances:
7.1.1 changes in how we accept payment from you;
7.1.2 changes in relevant laws and regulatory requirement.
7.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
7.3 Whenever we revise these Terms in accordance with this clause 7, we will give you notice of this by stating that these Terms have been amended and the relevant date at the top of the relevant page on our website or in the case of telephone sales by supplying you with the up to date terms at the relevant time.
8 YOUR CONSUMER RIGHT OF RETURN AND REFUND
8.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013. This means that if you change your mind or for any other reason you decide you do not want to keep a Product within 14 calendar days after the day you receive your products, you can notify us of your decision to cancel the Contract and receive a refund. Cancellations received after this period will not be processed unless clause 8.2 applies. Refunds will not be processed until returned Products are received by us. We reserve the right to refuse refunds or issue a partial refund where returned Products have diminished in value due to the mishandling of goods by the Consumer. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
8.2 We provide a 30 Day Money Back Guarantee for many of our products. Where a product is covered by the 30 Day Money Back Guarantee, you have the right to change your mind and cancel your order for 30 calendar days after the day you receive your products. Products must be returned to us in their original packaging unless cancelled in accordance with clause 8.1. Cancellations received after this period has expired will not be processed.
8.3 This cancellation right as set out in clauses 8.1 and 8.2 does not apply in the case of;
8.3.1 any made-to-measure or custom-made products or products made to your specification or clearly personalised;
8.3.2 newspapers, periodicals or magazines;
8.3.3 perishable goods, such as food, drink or fresh flowers;
8.3.4 software, DVDs or CDs or other audio or visual recordings which you have opened or unsealed;
8.3.5 goods that by reason of their nature cannot be returned including but not limited to items which cannot be returned in the same physical state as they were supplied;
8.3.6 unsealed goods unsuitable for return due to health protection or hygiene reasons.
8.4 To cancel a Contract, please contact us by sending an e-mail firstname.lastname@example.org or writing to us at our registered office address. You may wish to keep a copy of your cancellation notification for your own records. Your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
8.5 All returns should be sent to High Street TV Ltd Returns Department, PO Box 724, Altrincham, WA15 5BJ.
8.6 Where you exercise your legal right to cancel an order within 14 calendar days after the day you receive your products you will receive a refund of the price you paid for the Products (subject to clause 8.1) and any applicable delivery charges you paid.
8.7 Where our 30 Day Money Back Guarantee applies, should you cancel your order after 14 calendar days after the day you receive your products but within 30 days of receiving it, you will be refunded the purchase price only exclusive of any applicable delivery charges you paid.
8.8 We will process the refund due to you as soon as possible and, in any case, within 14 calendar days of the day we receive the returned Products in accordance with clause 8.1. If you returned the Products to us because they were faulty or mis-described, please see clause 8.9.
8.9 If you have returned the Products to us under this clause 8 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
8.10 We refund you on the credit card or debit card used by you to pay or by cheque in the case of payments received by cheque.
8.11 If the Products were delivered to you:
8.11.1 you must return the Products to us as soon as reasonably practicable. If the Products require collection, we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
8.11.2 unless the Products are faulty or not as described (in this case, see clause 8.9), you will be responsible for the cost of returning the Products to us or, where relevant, the cost of us collecting the Products from you;
8.11.3 you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
8.12 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 8 or these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
9.1 For standard delivery you should receive your product within 3-7 working days once dispatched. If you choose Next Day Delivery and place your order before 7.30pm Monday – Saturday or by 4pm Sunday, your order will arrive the following day (including Saturdays and Sundays but excluding Bank Holidays and Easter Sunday). If you order after 7.30pm Mon-Sat or after 4pm Sunday, your order will be processed the following day. Some post codes including those in the Scottish Highlands, Northern Ireland, Republic of Ireland and the Channel Islands are excluded from Next Day Delivery. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date. .
9.2 Delivery will be completed when we deliver the Products to the address you gave us.
9.3 In some circumstances goods may require a signature on delivery.
9.4 The Products will be your responsibility from the completion of delivery.
9.5 In the event of non-delivery you may be asked to sign a disclaimer to this effect before we can consider a remedy.
9.6 You own the Products once we have received payment in full, including all applicable delivery charges.
10 NO INTERNATIONAL DELIVERY
10.1 Unfortunately, we do not deliver to addresses outside the UK and Ireland.
10.2 You may place an order for Products from outside the UK or Ireland, but this order must be for delivery to an address in the UK or Ireland.
11 PRICE OF PRODUCTS AND DELIVERY CHARGES
11.1 The prices of the Products will be as quoted on our site, TV Advertisements or Print Advertisements from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was submitted for publication or broadcast. However if we discover an error in the price of Product(s) you ordered, please see clause 11.4 for what happens in this event.
11.2 Prices for our Products may change from time to time, but changes will not affect any order which we have processed.
11.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
11.4 We sell a large number of Products. It is always possible that, despite our best efforts, some of the Products on our site, advertisements or broadcasts may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
11.5 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site TV Advertisements or Print Advertisements from time to time.
12 HOW TO PAY
12.1 You can pay for Products via our website by using a debit card, credit card or PayPal, or over the telephone by using a debit or credit card or in the case of postal orders by using a debit or credit card or enclosing a cheque or Postal Order.
12.2 Payment for Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we despatch your order. Payments by PayPal or cheque or Postal Order will be processed immediately.
13 MANUFACTURER GUARANTEES
13.1 Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products. Click on the link for information about our 1 Year Warranty, and Extended Warranty.
13.2 If you are a consumer, a manufacturer's guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office
14. OUR LIABILITY IF YOU ARE A CONSUMER
14.1 If we fail to comply with these Terms, we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
14.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.2.1In the event that we consider that there has been any persistent, deliberate and / or flagrant breach of clause 14.2 then we reserve the right to take all such legal action as we shall at our discretion deem necessary to seek redress and / or to prevent any further breaches by you of the same. Such action may involve a claim for injunctive relief.
14.3 We do not in any way exclude or limit our liability for:
14.3.1 death or personal injury caused by our negligence;
14.3.2 fraud or fraudulent misrepresentation;
14.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
14.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
14.3.5 defective products under the Consumer Protection Act 1987.
15. EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.
15.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks [or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
15.3.1 we will contact you as soon as reasonably possible to notify you; and
15.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
16 COMMUNICATIONS BETWEEN US
16.1 When we refer, in these Terms, to "in writing", this will include e-mail.
16.2 If you wish to contact us in writing to make a comment or complaint or for any other reason, you can send this to us by e-mail or by pre-paid post to our registered office address or by email at email@example.com. You can also contact us using our Customer Services telephone line 0344 800 0631.
16.3 If we have to contact you we will do so by e-mail or by pre-paid post to the address you provide to us in your order or by telephone on the telephone number supplied to us by you.
17 OTHER IMPORTANT TERMS
17.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
17.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
17.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
17.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.5 Headings are for reference purposes only and shall not be incorporated into the terms and shall not be deemed to be any indication of the meaning of the clauses to which they relate.
17.6 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.7 Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
18 TRY BEFORE YOU BUY PRODUCTS
18.1 Our Try Before You Buy option entitles you to commit to purchase qualifying products for an initial trial offer charge which we clearly identify on each Try before You Buy offer / qualifying products.
18.2 Once your order has been placed, we will charge you the initial delivery charge for the trial and this will be debited from the payment card you give us. Your commitment to purchase under the terms of the trial offer is then completed.
18.3 You will have 30 days from receipt of your order to try the product.
18.4 If you do not exercise your right to cancel the product within the 30 day Try Before You Buy trial period, we will charge your payment card for the full amount of your order.
18.5 The total amount you will pay will be clearly stated at the time of purchase and confirmed on the invoice.
18.6 You are responsible for ensuring that you have sufficient funds in order to pay in full. Failure to make the payment owed at the end of your trial period may result in your in your details being passed to a debt collection agency to recover the outstanding monies owed. If you have any concerns regarding your payments please contact our Credit Services team for assistance on 0344 800 0631.
18.7 If for any reason you are unhappy with your product you must contact Customer Services on 0800 587 6133 / 0800 111 4022/ 0844 800 0631 to exercise your right to cancel within 30 days of receipt of your order and we will arrange for you to return the product to us at no additional cost to you and provide you with a full refund.
18.8 If you exercise your right cancel we will refund you the initial Try Before You Buy offer charge within 14 days of receipt of the returned product/s or upon receipt of proof of return to our returns department the address of which is provided on your invoice.
18.9 Non qualifying product/s will not be eligible to be added to the same order as Try Before You Buy offer product/s orders and must be placed under a separate order.
18.10 The cancellation policy detailed above will not apply if the fault arises from fair wear and tear in our reasonable opinion, deliberate damage, accidental damage, negligence, abnormal working conditions, failure to follow manufacturer instructions, misuse or alteration or repair of the goods without manufacturer approval.
18.11 In order to obtain the refund the goods must be returned to us at the following address: High Street TV Ltd Returns Department, PO Box 724, Altrincham, WA15 5BJ.
18.12 Nothing in our returns and refund policy affects your statutory rights.
18.13 Offer applies to UK Mainland orders only.