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TERMS AND CONDITIONS for the sale of goods

BACKGROUND:

These Terms and Conditions are the standard terms for the sale of goods by Sound Aid, whose address is 9 Glamis road, Dundee, DD2 1ND.

  1. Definitions and Interpretation
    1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Business Day”means, any day other than a Saturday, Sunday or bank holiday;
“Calendar Day”means any day of the year;
“Commercial Unit”means a delivery of Goods, the character and/or value of which would be materially impaired if divided;
“Contract”means the contract for the purchase and sale of Goods, as explained in Clause 3;
“Goods”means the goods which are to be supplied by Us to you as specified in your Order (and confirmed in Our Order Acceptance);
“Month”means a calendar month;
“Price”means the price payable for the Goods;
“Special Price”means a special offer price payable for Goods which We may offer from time to time;
“Order”means your order for the Goods as agreed by Us.
“Order Confirmation”means Our acceptance and confirmation of your Order as described in Clause 3;
“We/Us/Our”means Sound Aid, whose address is 9 Glamis Road, Dundee, DD2 1ND.
  1. Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message, fax or other means.

Sound Aid, whose address is 9 Glamis Road, Dundee, DD2 1ND.

  1. Guarantee
    1. For Goods that We have produced, customised or altered (including bespoke Goods), We guarantee that for a period of 12 months from the date of delivery, the Goods will be free from material defects.  This guarantee is subject to the exceptions listed in sub-Clause 10.2.
    1. Our guarantee does not apply to any defects in the Goods caused by:
      1. Normal wear and tear;
      1. Deliberate damage and/or misuse of the Goods;
      1. Accidental damage;
      1. Failure to use the Goods in accordance with their instructions; or
      1. The opening of casework, alteration or repair of the Goods by you or any third party that is not authorised by Us.
    1. Our guarantee exists in addition to your legal rights as a consumer.  More information on your rights as a consumer can be obtained from your local Citizens Advice Bureau or Trading Standards Office. 
    1. For Goods that We have not produced, customised or altered the Goods may be provided with a manufacturer’s guarantee.  For further details and terms please refer to the manufacturer’s guarantee documentation supplied with the Goods. 
    1. The manufacturer’s guarantee exists in addition to your legal rights as a consumer.  More information on your rights as a consumer can be obtained from your local Citizens Advice Bureau or Trading Standards Office.
  1. Our Liability
    1. We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence (including that of Our employees, agents or sub-contractors).  Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.
    1. We only supply Goods for domestic and private use.  We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale).  By making your Order, you agree that you will not use the Goods for such purposes.  We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
    1. Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
    1. Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer.  For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office
  1. Events Outside of Our Control (Force Majeure)
    1. We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
    1. If any event described under this Clause 12 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
      1. We will inform you as soon as is reasonably possible;
      1. Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
      1. We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
      1. If the event outside of Our control continues for more than 2 calendar months We will cancel the Contract and inform you of the cancellation.  Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible;
      1. If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to cancel under sub-Clause 5.4 above.
  1. Communication and Contact Details
    1. If you wish to contact Us, you may do so by telephone at 01382 801997 or by email at sound@soundaid.co.uk .
    1. In certain circumstances you must contact Us in writing (when cancelling an Order, for example).  When contacting Us in writing you may use the following methods:
      1. Contact Us by email at sound@soundaid.co.uk  or
      1. Contact Us by post at Sound Aid, 9 Glamis Road, Dundee, DD2 1ND.
  1. Complaints and Feedback
    1. We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
    1. All complaints are handled in accordance with Our complaints handling policy and procedure, available from www.soundaid.co.uk and 9 Glamis Road, Dundee, DD2 1ND respectively
    1. If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
      1. In writing, addressed to Donald Pirie, Sound Aid, 9 Glamis Road, Dundee, DD2 1ND
      1. By email, addressed to Donald Pirie sound@soundaid.co.uk
  1. How We Use Your Personal Information (Data Protection)
    1. All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
    1. We may use your personal information to:
      1. Provide Our Goods and services to you;
      1. Process your payment for the Goods; and
      1. Inform you of new products and services available from Us.  You may request that We stop sending you this information at any time.
    1. In certain circumstances (if, for example, you wish to purchase Goods on credit), and with your consent, We may pass your personal information on to credit reference agencies.  These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
    1. We will not pass on your personal information to any other third parties without first obtaining your express permission.
  1. Other Important Terms
    1. We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs you will be informed by Us in writing.  Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms will be transferred to the third party who will remain bound by them.
    1. You may not transfer (assign) the benefit of the guarantee in Clause 9 to any person who purchases the Goods from you after you have completed purchasing the Goods from Us.
    1. You may not transfer (assign) your other obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
    1. The Contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions. 
    1. If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions.  The remainder of these Terms and Conditions shall be valid and enforceable.
    1. No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
  1. Governing Law and Jurisdiction
    1. These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with Scots law.
    1. Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of Scotland.