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Website Terms and Conditions of Sale
These terms and conditions are supplemental to our "Terms of Use" and "Privacy Policy" and tell you the terms and conditions on which HARMAN technology Limited supply any of the goods listed on our website (www.harmanexpress.com) to you (the purchaser).
Please read these terms and conditions (the "Terms") carefully before ordering any goods from the Website. You should understand that by ordering any of our goods, you agree to be bound by these Terms.
You should print a copy of these Terms for future reference.
1 Definitions
1.1 In these Terms:
"business customer" means any purchaser who is not a consumer;
"consumer" means any natural person who, when placing an order with us, is acting for purposes which are outside his or her trade, business or profession;
"Contract" means the contract between you and us for the sale by us to you of Goods and/or Services;
"Delivery Address" means the delivery address detailed in the order;
"Delivery Date" means the estimated delivery date detailed in the order or such other date as we may specify in our confirmation email or subsequent emails to you;
"Goods" means any goods listed on our Website which you order from us or any goods delivered by us as part of the Services;
"order" means an order placed by you with us for the purchase of Goods and/or Services;
"personalised Goods" means Goods which are by their nature personalised and altered to your specifications (for example during the performance of the Services);
"Services" means any of the services, including for example, printing services offered to you on our Website which you order from us;
"we, us and our" refers to HARMAN technology Limited (a limited company registered in England and Wales under company number 05227615) whose registered office is Ilford Way, Mobberley, Knutsford, Cheshire WA16 7JL;
"working days" means all days other than Saturdays, Sundays and public holidays in the UK; and
"you" and "your" refers to the purchaser of any Goods and/or Services from us.
2 Status
By placing an order through our Website, you warrant that:
2.1 you are legally capable of entering into binding contracts; and
2.2 you are at least 16 years old.
3 Ordering the Goods or Services
3.1 To place your order, please follow the steps set out on our Website.
3.2 The appearance of the Goods and Services on our Website is an invitation to you to make an offer to purchase them by placing an order with us.
3.3 We have the right to refuse any order for Goods or Services.
3.4 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted.
3.5 Acceptance will take place and be deemed complete and effectively communicated to you either: a) when we send you a confirmation email; or b) upon despatch of the Goods and/or Services ordered. If you do not receive a confirmation email we recommend that you contact us to confirm that your order has gone through.
3.6 If, at any time after you have placed the order, you wish to cancel or amend it you may do so by emailing or telephoning us. We shall not be obliged to accept any change, but if we do accept the change, we may be entitled to recover from you any unavoidable losses that we suffer as a result of the change and to alter the Delivery Date and the price as a condition of accepting the change.
3.7 The Goods and Services are subject to availability. We will inform you, by email, as soon as possible if the Goods or Services you have ordered are not available. Where Goods are unavailable we reserve the right to substitute those Goods for goods or services of equivalent quality and price. We will reimburse you for the cost of returning substitute Goods that you do not wish to accept. Where Services are unavailable we will notify you as soon as possible and advise you of any alternative services which we may be able to provide to you.
3.8 If we do not supply the Goods or Services to you for any reason, we will not charge you for those Goods or Services and will refund any money already paid for them. However we will not be responsible for compensating you for any other losses which you may suffer if we do not supply or substitute the Goods or Services.
4 Price of the Goods and Services
4.1 We will set out on our Website the price of the Goods and Services (including VAT) and any applicable delivery charges to give you a total price before you confirm your order.
4.2 All prices for the Goods and Services and any delivery charges are stated in UK Pounds Sterling. Save as otherwise specified in these Terms, these prices are inclusive of all applicable sales tax and duty.
4.3 Prices are liable to change at any time, but such changes will not affect orders in respect of which we have already confirmed receipt of your order.
4.4 Whilst we try to ensure that the prices and descriptions of the Goods and Services shown on our Website are accurate at the time you place your order, mistakes may sometimes occur. If we discover a mistake in the price or description of the Goods or Services we will contact you as soon as possible and give you the option to either re-order the Goods or Services at the correct price or description or to cancel your order. If we cannot contact you we will treat the order as having been cancelled. If the order is cancelled we will not charge you for those Goods or Services and will refund any money already paid for them.
5 Payment
Full payment must be received and verified by us before your purchase can be guaranteed. Payments must be by credit card or debit card unless otherwise agreed in writing.
6 International Purchases
6.1 Due to customs, legal, regulatory and certain practical restrictions applicable to orders placed for international delivery, some of our goods or services may not be available for delivery to certain destinations outside the UK. We reserve the right to define what can and cannot be delivered to which destination and may refuse an order accordingly.
6.2 Please note that many countries have import restrictions on certain goods or materials. You are responsible for checking with the local customs authorities before placing an order for international delivery. We cannot offer any assistance in this process.
6.3 All Goods and Services are sold in UK Pounds Sterling. International credit card providers or banks will determine the exchange rate and may add an additional processing or administration charge in relation to such payment which international credit card holders will be liable to pay.
6.4 If you place an order for international delivery of Goods or Services, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
7 Delivery of the Goods and Services
7.1 We shall use our reasonable efforts to deliver the Goods or Services to you at the Delivery Address on or around the estimated Delivery Date. Where no Delivery Date is specified we shall use our reasonable efforts to deliver the Goods or Services to you at the Delivery Address within 7 working days of the date that you placed your order.
7.2 Delay is sometimes outside of our control and therefore, time of delivery will not be of the essence. As such we will not be liable for any losses, costs, damages, charges or expenses caused by any delay in delivering the Goods or Services to you.
7.3 Where the Delivery Address is in the UK, your delivery will be sent by courier, or at your option, Royal Mail's "Local Collect" service.
7.4 Where Goods are delivered by courier, if no one is available to accept delivery when our courier arrives, the courier will use its reasonable endeavours to arrange a new delivery date and will try to deliver the Goods or Services a further two times. If, following such attempts, the courier is unsuccessful in delivering the Goods it will return them to us and we will contact you to arrange for redelivery of the Goods. We reserve the right to charge you for any additional expenses we may incur in relation to the redelivery of the Goods. Where we are unable to arrange for redelivery of the Goods we may treat the order as cancelled by you. In this case we will refund the price of the Goods, but we shall be entitled to keep the amount you paid for delivery.
7.5 We are not responsible for packages lost in the care of a courier, Royal Mail or any equivalent international carrier.
7.6 If the Delivery Address is incorrect or incomplete and as a result we try but are not able to make the delivery, we may treat the order as cancelled by you. Where we deem the order to be cancelled we will refund the price of the Goods or Services, but we shall be entitled to keep the amount you paid for delivery.
7.7 Where some of your ordered Goods are not available, we may deliver the Goods in instalments. We shall use reasonable efforts to deliver the remainder of the ordered Goods as soon as possible after the initial delivery.
8 Risk and Title
8.1 The Goods will be at your risk from the time of delivery.
8.2 Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of the Goods, including any delivery charges.
9.1 If you are contracting as a consumer, unless you have ordered personalised Goods, you may cancel a Contract at any time within 7 working days, beginning on the day after you received the Goods or the Services. In this case, you will receive a full refund of the price paid for the Goods or Services in accordance with our refunds policy (set out in Condition 11 below).
9.2 To cancel a Contract, you must inform us in writing. You must also return any Goods which were ordered under the Contract to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
9.3 If you cancel the Contract and do not return the Goods to us as required, we may charge you our direct costs of recovering the Goods.
9.4 Nothing in these Terms affects a consumer's statutory rights. For more information regarding a consumer's statutory rights please visit the Consumer Direct's website at: http://www.consumerdirect.gov.uk/ or the Citizens Advice Bureau website at: http://www.citizensadvice.org.uk/.
10 Defective Goods or Services
10.1 If you are a consumer and have purchased personalised Goods or, if you are a business customer and have purchased any Goods, then you may only return them to us if they are damaged or not substantially in accordance with your order specifications ("defective Goods"). You may return any defective Goods to us and we will, at your option, either replace the defective Goods or, subject to Condition 11.4, give you a full refund of the purchase price actually paid and any delivery charges reasonably incurred in receiving and returning the defective Goods PROVIDED THAT you return them within a reasonable period of time after the date that you received them.
10.2 Nothing in these Terms affects a consumer's statutory rights.
10.3 If you receive defective Goods you shall act reasonably when seeking redress and not incur any unnecessary costs. In particular you shall:
10.3.1 report faults as soon as reasonably practicable; and
10.3.2 look after the defective Goods with due care.
10.4 If you are a consumer and have purchased Services which in your opinion have not been performed in accordance with these Terms, then you may cancel the Contract and, we will either re-perform the defective Services or, subject to our own investigation substantiating your claim, give you a full refund of the purchase price actually paid within 30 days of confirmation of your entitlement to a refund using the same method originally used by you to pay for your purchase of the Services.
11 Returning Goods
11.1 You must follow the procedure below when returning Goods:
11.1.1 before returning any Goods, please contact us giving full details of the Goods which you propose to return, the reason you are returning the Goods (e.g. "goods defective on arrival", "goods not as ordered", "I've changed my mind") and the address from which the Goods are to be collected;
11.1.2 we will check that you are entitled to return the Goods and provide you with an RMA confirmation number;
11.1.3 unless otherwise agreed in writing, we will arrange for collection of the Goods from the address you have notified to us and you shall ensure that you are available at the collection address at the agreed time and date for collection; and
11.1.4 you will ensure that the Goods to be returned are properly and securely packaged and labelled with our address and RMA number.
11.2 Please note you are responsible for any loss or damage in transit: a) caused by incorrect or inadequate packaging by you; or b) where you arrange the transport.
11.3 Where you are a consumer and have cancelled the Contract between us within the 7 working days cooling-off period, subject to your compliance with Condition 11.1 above, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Goods in full, including the cost of delivering the Goods to you. However, you will be responsible for the cost of returning the Goods to us.
11.4 Where you are a consumer or a business customer and wish to return defective Goods, subject to your compliance with Condition 11.1 above, we will examine the returned Goods and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Goods.
11.5 Refunds will usually be made using the same method originally used by you to pay for your purchase of the Goods.
12 Liability
12.1 We warrant to you that:
12.1.1 any Goods purchased from us through our Website are of satisfactory quality and reasonably fit for all the purposes for which Goods of the kind are commonly supplied; and
12.1.2 any Services purchased from us through our Website are performed with reasonable skill and care and correspond with the description in the order.
12.2 We shall not be liable for any loss or damage to the Goods where you have:
12.2.1 damaged the Goods through your own activity or inactivity;
12.2.2 misused the Goods and caused a fault (e.g. through the use of incompatible accessorises); or
12.2.3 attempted your own repair.
12.3 Our maximum liability for losses you suffer as a result of us breaking this agreement is limited to twice the value of the Goods or Services purchased.
12.4 Nothing in the Contract seeks to exclude or limit our liability for:
12.4.1 death or personal injury caused by negligence;
12.4.2 under section2(3) of the Consumer Protection Act 1987;
12.4.3 fraud or fraudulent misrepresentation; or
12.4.4 a breach of the warranties in Condition 12.1
12.5 Except under Condition 12.4 neither of us will be liable to the other for any loss or damage suffered or incurred by the other in relation to the Contract unless it is as a result of negligence or, at the time the Contract was entered into, that loss was a reasonably foreseeable consequence of the breach or default in question.
13 Force majeure
13.1 We will not be liable or responsible for any kind of non-failure to perform, or delay in performance of, any of our obligations due to circumstances beyond our reasonable control.
13.2 If any such circumstance continues for a period in excess of one month, you may cancel the order and receive a full refund of all sums paid.
13.3 If you choose not to cancel the order in accordance with Condition 13.2 or if the suspension does not continue for a period in excess of one month then we shall notify you of a new delivery date and the terms of Condition 6 shall apply to this new delivery date as if it were the original Delivery Date.
14 Data Protection, Privacy and Cookies
Please see our "Privacy Policy" for details as to how we treat your personal data.
15 Our right to vary these Terms
We reserve the right to change these Terms at any time without prior notice to you. The changes will not apply to any purchase where we have already confirmed receipt of your order.
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
17 Transfer of rights
17.1 You may not sub-contract, transfer or assign any rights and/or obligations under the Contract without our prior written permission.
17.2 We may sub-contract or assign any of our rights and/or obligations under the Contract. We will provide you with written notice of any assignment of our rights and/or obligations.
18 General
18.1 Even though any contract between you and us relating to your purchase of the Goods or Services is concluded over the internet, you and we agree that it has been concluded in England in writing.
18.2 Any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to these Terms shall be governed and construed in accordance with English law. You and we hereby accept the exclusive jurisdiction of the English courts or where you are a consumer living in Scotland, Wales or Northern Ireland, the law and courts of the relevant part of the United Kingdom.
18.3 The remedies available to either you or us under the Terms shall not exclude or limit any other rights that you or we may have against each other. Any failure by us to enforce any of our rights under these Terms shall not affect our right to enforce them at a later date.
18.4 If any provision or right under the Terms is found to be invalid or unenforceable then the remaining provisions or rights under the Terms shall be unaffected as if the invalid or unenforceable part did not exist.
18.5 Nothing in these Terms is intended to or shall operate to create a partnership or joint venture of any kind between us or to authorise either of us to act as agent for the other, and neither of us shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
18.6 These Terms are not intended to create and shall not create any rights, entitlements, claims or benefits enforceable by any third party by virtue of the Contracts (Rights of Third Parties) Act 1999.
19 Additional Terms for business customers
19.1 If you are a business customer, the following additional conditions apply. In the event of conflict between the following conditions and any other part of these Terms, the following conditions take priority.
19.2 The provisions of Condition 9 do not apply to business customers.
19.3 If you fail to take delivery of the Goods, risk in the Goods will pass to you upon the date on which we tried to make delivery.
19.4 We do not warrant that the Goods or Services will be of satisfactory quality or reasonably fit for purpose. It is your responsibility to ensure that the Goods and Services fulfil your requirements. All conditions, warranties, stipulations and other terms which might otherwise be implied by statute, common law or the law of equity are excluded to the fullest extent permitted by law.
19.5 The provisions of Condition 12.3 to 12.5 shall not apply to business customers.
19.6 Subject to Condition 19.8, our total aggregate liability for all claims arising out of the Contract (whether in contract, strict liability, tort (including, without limit, negligence), misrepresentation or any other matter for which we are liable) shall not in any event exceed the aggregate price of the Goods.
19.7 Subject to Condition 19.8 we shall in no circumstance be liable to you for any:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data;
(f) loss of goodwill;
(g) wasted management or office time; and
(h) other indirect loss or damage of any kind, including consequential or special losses however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if reasonably foreseeable.
19.8 Nothing in these Terms shall limit or exclude our liability for:
19.8.1 death or personal injury caused by our negligence;
19.8.2 fraud or fraudulent misrepresentation; or
19.8.3 any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
19.9 These Terms contain all the terms and conditions between you and us regarding your purchase of the Goods and Services from our Website. No other terms and conditions or promises shall be taken to have been given or implied into the Terms except as implied by law.
July 2009
