Please read the following Terms and Conditions carefully. They contain important information about your rights and obligations. We recommend you print out these Terms and Conditions from the http://uk.sanyo.com website ("the Site") by clicking on the print icon on your browser and keep them for your future reference.
1. About us and these Terms and Conditions
1.1 "We" are SANYO Sales & Marketing Europe GmbH, a company registered in England with Registered Company Number FC029075, Branch Number BR010527, with registered office at SANYO House, 18 Colonial Way, Watford, Herts, WD24 4PT. If you have any comments, suggestions or complaints, we would be pleased to receive them at this address or by e-mailing us at customerservice.uk.sel@sanyo.com. Alternatively, you may fax us on 01923 477 156.
1.2 These Terms and Conditions govern the supply by us of any products ordered by you, whether on the Site or by any other means. The particular product that you order at any one time from us is referred to in these Terms and Conditions as "the Product". Further details of the Product can be obtained by reviewing the Site and contacting us. By agreeing to order a Product, you agree to be legally bound by these Terms and Conditions.
1.3 In these Terms and Conditions:
1.3.1 "you" means a consumer who orders a Product from us;
1.3.2 "the Contract" means your order of a Product in accordance with these Terms and Conditions which we accept in accordance with clause 2.9 below. If you order more than one Product or several units of the same type of Product, each unit of each Product will constitute a separate Contract; and
1.3.3 a "business day" or a "working day" means a day which is neither (a) a Saturday or Sunday nor (b) a public holiday anywhere in the United Kingdom.
2. Making Orders of products
2.1 When making an order on the Site, you must follow the instructions on the Site as to how to make your order and for making changes to your order before you submit it to us.
2.2 Unless otherwise specifically agreed by us, we do not intend for anyone from outside of mainland United Kingdom and Northern Ireland to order a Product from us.
2.3 Irrespective of any previous price you have seen or heard, once you select a Product that you wish to order, you will then be shown or told the price you must pay including VAT, if applicable, and any applicable delivery charges. Subject to clauses 2.11 and 2.12 below, this is the total that you will pay for receipt of the ordered Product. There are no extra charges unless you opt for a special delivery service or we agree to make delivery outside of mainland United Kingdom, in which case we shall inform you of any additional cost before we agree to your request.
2.4 When you order on the Site, you shall pay for the Product at the time of ordering by supplying us with your credit card details from a credit card company acceptable to us, which we require in order to process your order. If you order other than through the Site, you may pay by another method acceptable to us, but in any event we shall not be bound to supply until we have received cleared funds. We shall obtain the money for payment of the Product when we accept your order.
2.5 If you are asked for details of a payment card, you must be fully entitled to use that card. The card must have sufficient funds to cover the proposed payment to us.
2.6 You undertake that all details you provide to us for the purpose of purchasing the Product from us will be correct, that the credit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your credit card details before providing you with the Product.
2.7 When you submit an order to purchase a Product from us, you agree that you do so subject to these Terms and Conditions together with the Privacy Statement in force at the time of your order. When you submit an order to purchase a Product from us on the Site, you agree that you also do so subject to:
- 2.7.1 the Site Terms of Use; and
- 2.7.2 the copyright notice,
in force at the time of your order.
2.8 Your order remains valid as an offer until when we accept your order or if earlier when we receive your notice revoking your order.
2.9 We shall not be obliged to supply the Product to you until we have accepted your order. An e-mail, letter, fax or other acknowledgement of your order by us is purely for information purposes and does not constitute acceptance of your order. We may in our discretion refuse to accept an order from you for any reason, including (but not limited to) unavailability of supplies. The Contract shall be formed and we shall be legally bound to supply the Product to you when we accept your order by receiving cleared funds from you or your credit or debit card company. We may send a confirmatory invoice to you at any time after your order. Until we accept your order, we reserve the right to refuse to process your order.
2.10 If you discover you have made a mistake with your order after you have submitted it to us, please contact customerservice.uk.sel@sanyo.com immediately.
2.11 We endeavour to ensure that the price given to you is accurate, but the price of your order will need to be validated by us as part of our acceptance procedure. If the price for the order changes before we accept your order, we will contact you and ask you to confirm that you wish to proceed at the amended price.
2.12 If there is no VAT applicable to your order, then the price that you must pay to us for the order will be reduced by deducting the VAT element confirmed in the confirmatory e-mail.
3. Delivery of the Product
3.1 We will deliver only to the billing address of your payment credit card. Once you have placed the order, we will contact you to arrange delivery. It is your responsibility to ensure you are at the specified place at the agreed time of delivery.
3.2 On delivery of the Product, you may be required to sign for delivery.
3.3 In respect of an order that we accept, we shall inform you if we are unable to supply the Product to you within 14 days of the date on which you ordered it. However, if you have not received the ordered Product within 28 days (or such other period as you and we may agree) of the date on which you ordered it, then you or we may cancel your order or the Contract. In that event, within 14 days of the end of that 28 day (or amended) period we shall refund to you or your credit card company as applicable any money paid to us under the Contract.
3.4 To the extent permitted by law, we shall not be liable for any losses, costs, damages, charges or expenses, which you may incur as a result of late delivery.
3.5 You shall own the Product when we deliver it to you. Risk in the Product shall pass to you on delivery.
3.6 It is your responsibility to ensure you are at the specified place at the agreed time of delivery. If you are not, you will need to contact us or the third party carrier to re-arrange delivery. Deliveries will not be left with neighbours, in garages, over garden fences etc.…..
3.7 If delivery is delayed through your unreasonable refusal to accept delivery, then we may (without affecting any other right or remedy available to us) do either or both of the following:
3.7.1 charge you for our reasonable storage fee and other costs reasonably incurred by us; and
3.7.2 notify you that we are immediately cancelling the Contract, in which case we will refund to you or your credit card company as applicable any money paid to us under the Contract, less our reasonable charges for delivering and returning the Product.
4. Returning the Product
4.1 THE REMEDIES IN CLAUSE 4 AND ANY MANUFACTURER'S WARRANTY TO YOU THAT MAY ACCOMPANY DELIVERY OF THE PRODUCT ARE ADDITIONAL TO AND DO NOT AFFECT YOUR STATUTORY RIGHTS, UNDER WHICH YOU HAVE THE RIGHT TO INSIST THAT GOODS THAT YOU BUY FROM BUSINESSES MUST CORRESPOND WITH THEIR DESCRIPTION, BE FIT FOR THEIR PURPOSE AND BE OF A SATISFACTORY QUALITY.
4.2 Subject to the rest of this clause 4, irrespective of your other rights for faults with the Product, you may return the Product to us for any reason at all if you are not happy with it provided that within 10 business days of delivery of the Product you have notified us at the following email address: customerservice.uk.sel@sanyo.com for instructions on how to return the product. The notice shall be deemed to have been given on the day on which it was sent.
4.3 We cannot accept returns of any custom-built Product, although we may at our absolute discretion agree to accept the return of a custom-built Product in special circumstances and provide some money back to you or your credit or debit card company.
4.4 If you return the Product:
- 4.4.1 we will only accept it if you return it to us in its original condition. Please note that the Product is your responsibility until we receive it and if you send it by post we recommend that you send it recorded delivery and get a certificate of postage. You shall be responsible for paying all the costs of returning the Product. If we have not received the Product within 15 days of your notice of intention to return, you hereby authorise us to collect the Product from you and obtain from you or your credit or debit card company our reasonable charges for the cost of collection and return of the delivered Product under the cancelled Contract; and
- 4.4.2 within 30 days of your notice of intention to return, we shall refund the payment made by you or your credit card company to us for our sale of the Product. Except where the Product is delivered to you in error or it is defective or otherwise did not conform to the Contract, we shall deduct our reasonable charges for collecting the returned Product from you.
5. Repairs
5.1 THIS CLAUSE 5 DOES NOT AFFECT YOUR STATUTORY RIGHTS.
5.2 If the Product is faulty and not in conformance with the Contract, we will carry out repairs in accordance with our repairs policy from time to time.
5.3 If you tell us that the Product is faulty, you agree to keep the Product in its current condition available for us to inspect within a reasonable time.
5.4 In order to provide any repairs or remedies, we may need your assistance with the prompt provision of certain information regarding the Product.
5.5 If you return the Product, you must ensure that the Product is adequately packaged for carriage. We shall not accept any responsibility for damage caused by inadequate packaging by you.
5.6 If you would like us to repair, replace or provide a refund for the Product where it did conform to the Contract, or we find that the Product has been:
- 5.6.1 misused or subjected to neglect, carelessness, damage or abnormal conditions; or
- 5.6.2 involved in any accident or damage caused by an incorrect attempt at modification or repair; or
- 5.6.3 dealt with contrary to the instructions for the Product,
after delivery by us, we may at our discretion decide not to repair, replace or refund the Product and/or we may require you to pay all reasonable carriage costs and our current standard fees and costs and charge this to your credit or debit card.
6. Circumstances beyond our control
6.1 We shall not be liable for any delay, hindrance to us or failure to deliver due to any circumstances outside our reasonable control, including without limitation Acts of God, civil commotion, riots, revolt, war, terrorism, hostilities, warlike operations, piracy, arrests, restraints or detainments of any competent authority, strikes, lock-outs, floods, droughts, fire, earthquakes, mechanical breakdown, inability to obtain or shortage of materials, equipment or transportation or any legislation change. However, if you have not received the ordered Product within the agreed time in accordance with clause 3.4, you may cancel the Contract.
7. Notices
7.1 Subject to the rest of these Terms and Conditions, any notice or other communication required or authorised to be given under the Contract shall be in writing and may be served by personal delivery or by pre-paid, registered or recorded delivery letter or by facsimile addressed to the relevant party at the address or facsimile number of the relevant party last known to the other.
7.2 Subject to the rest of these Terms and Conditions, any notice given by post shall be deemed to have been served two business days after the same has been posted if you are based in the UK or seven business days after the same has been posted if you are not based in the UK and any notice given by facsimile shall be deemed to have been served upon receipt of an answerback signal from the receiving machine, and in proving such service it shall be sufficient to prove that the letter or facsimile was properly addressed or numbered and, as the case may be, posted as a prepaid, registered or recorded delivery letter or dispatched or an answerback signal received.
8. General
8.1 We shall keep a record of your order and these Terms and Conditions until six years after we have accepted your order. However, for your future reference, we advise you to print and keep a copy of these Terms and Conditions, your order and any e-mail or written acknowledgement that we make.
8.2 The Contract shall be governed by English law and you hereby submit to the non-exclusive jurisdiction of the English courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
8.3 No failure or delay by either party in exercising any right under the Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish your or our rights under the Contract.
8.4 If any clause in these Terms and Conditions shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as the Terms and Conditions shall be capable of continuing in effect without the unenforceable term.
8.5 These Terms and Conditions and the Privacy Policy (incorporating the Site Terms of Use, the copyright notice for orders made from the Site), together with price, Product and delivery details agreed between you and us, contains the entire agreement between you and us in relation to the Contract. These Terms and Conditions apply to the exclusion of any contracts or terms submitted, proposed or stipulated by you.
8.6 We may assign, transfer or subcontract any or all of our rights and obligations under the Contract at any time.
8.7 A person who is not a party to the Contract has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce a term of the Contract.