| 1. |
DEFINITIONS |
| 1.1 |
The following expressions shall have the following meanings: |
| 1.1.1 |
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"TRD" means Telephone Recorders Direct Limited of 462 London Road, Isleworth, Middlesex TW7 4ED email: salesmanager@telephonerecordersdirect.com |
| 1.1.2 |
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"Details" the details which You must provide upon ordering Goods via this Website including physical address, email address, age, bank account and credit, debit or charge card details. |
| 1.1.3 |
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"Purchase Price" means the price shown on this Website for the provision of the Goods exclusive of VAT which if applicable shall be payable by You at the rate for the time being in force in the United Kingdom, currently 17.5% |
| 1.1.4 |
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"Goods" any item supplied by TRD pursuant to these Terms and Conditions. |
| 1.1.5 |
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"Sale" a sale effected via this Website. |
| 1.1.6 |
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"Terms and Conditions" means these terms and conditions between TRD and You. |
| 1.1.7 |
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"Website" means TRD's website located at www.telephonerecordersdirect.com. |
| 1.1.8 |
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"Working Days" means Monday to Friday 9am to 5pm UK time excluding UK bank, public and statutory holidays. |
| 1.1.9 |
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"You" means either:- |
| 1.1.9.1 |
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If an individual is making the purchase on his/her own behalf, the person who enters the Details; or |
| 1.1.9.2 |
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If the person entering the Details is doing so on behalf of a company or other entity, that person and the company or entity he/she represents. |
| 1.2 |
The clause headings and any other headings are inserted for convenience only and shall not affect the construction of these Terms and Conditions. |
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| 2. |
USE OF WEBSITE |
| 2.1 |
You must insert accurate Details. |
| 2.2 |
You hereby warrant to TRD that You are at least eighteen years of age and legally able to buy the Goods. |
| 2.3 |
TRD reserves the right to withdraw any Goods from this Website without advance notice and to refuse any orders for Goods made by You. |
| 2.4 |
Your Details and data relating to Your use of this Website will be recorded by TRD but this information shall not be disclosed to third parties nor used for any purpose unrelated to this Website. |
| 2.5 |
TRD may send a small file to Your computer when You visit this Website. This "cookie" will enable TRD to track Your behaviour on this Website and to identify particular areas of interest so as to enhance Your future visits to this Website. The cookie will not enable TRD to identify You and TRD shall not use it otherwise than in relation to this Website. You can set Your computer browser to reject cookies but this may prevent You from using certain parts of this Website. TRD will not use Your data for any other purposes than as set out in these Terms and Conditions except that TRD may disclose this data if compelled to do so by law, or at the request of a law enforcement agency or governmental authority. When You confirm your acceptance of these terms during the purchasing process You specifically agree to these Terms and Conditions regarding use of Your data. |
| 2.6 |
If You do not want TRD to use Your email address to send information concerning this Website and related matters, You should send a message to email: unsubscribe@telephonerecordersdirect.com and insert "unsubscribe" as the subject heading. |
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| 3. |
ORDERS |
| 3.1 |
All orders You place for Goods displayed on this Website are subject to availability and it is Your responsibility to ensure that You order exactly what You want. |
| 3.2 |
Orders for Goods will only be taken for delivery of Goods to such countries as are indicated on this Website. |
| 3.3 |
Any images and pictures of the Goods shown on this Website are provided for the purposes of guidance only and TRD does not guarantee that they are completely accurate. |
| 3.4 |
You are responsible for the payment of any local taxes due upon delivery and/or import of Goods to You by TRD and if any governmental department or other authority asks TRD to pay such taxes, You agree to pay them Yourself or refund any such sum which TRD pays. |
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| 4. |
PAYMENT |
| 4.1 |
You agree to pay for the Goods at the time You place Your order. |
| 4.2 |
Once You have confirmed Your order (on the secure payment screen) it cannot be cancelled or changed except in accordance with clause 6 of these Terms and Conditions. |
| 4.3 |
In the event that Your debit or credit card payment is refused by Your card issuer for whatever reason, TRD will invoice You for the Goods ordered and You agree to pay that invoice within 5 Working Days of the invoice date. If TRD does not receive payment in full within 14 days of the date of the invoice referred to in clause 4.3, it may refuse to deliver the Goods and/or terminate these terms and conditions without further obligation to You. |
| 4.4 |
TRD will enclose with Goods it delivers to You a copy of its invoice showing the Goods ordered and amount paid. |
| 4.5 |
If there is any delay in delivery because of a postal strike or other postal problem, that does not give You any right to delay payment to TRD or to make any claim whatsoever against TRD. |
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| 5. |
RISK, DAMAGE, LOSS AND OWNERSHIP OF THE GOODS |
| 5.1 |
On delivery of the Goods to You will bear the risk in the Goods and should cover them under Your insurance policy. |
| 5.2 |
You will become the legal owner of the Goods once You have paid for them (in cash or cleared funds). |
| 5.3 |
If you have a credit account with TRD and the Goods have been delivered to You but You have not yet paid for them, You will hold the Goods on behalf of TRD until your account has been paid in full. |
| 5.4 |
If any of the Goods are destroyed damaged or lost by reason of the fault or negligence of TRD, TRD will replace them free of charge on return of any damaged or destroyed items but if they have been destroyed, damaged or lost by You, TRD may replace them but shall be entitled to charge You for their replacement. |
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| 6. |
CANCELLATION OF ORDERS AND RETURNS |
| 6.1 |
You have the right to cancel a purchase of Goods made through this Website at any time after You have placed the order until the date eight Working Days after the day You receive the Goods. |
| 6.2 |
If You decide to cancel a purchase You must notify TRD by telephone to 020 8326 8282 or email to salesmanager@telephonerecordersdirect.com and if You have received the Goods, You must return them to TRD by recorded mail enclosing the invoice. |
| 6.3 |
Upon cancellation of an order TRD will refund the whole sum paid by You (including costs of postage charged by TRD) within 30 days of You notifying TRD of cancellation. |
| 6.4 |
You are responsible for the cost of returning the Goods to TRD upon cancellation of an order. If You do not return the Goods cancelled to TRD it will arrange to collect them and will deduct the cost of such collection from the refund due to You. |
| 6.5 |
If any of the Goods You receive do not match the order placed, You may return them to TRD by recorded mail enclosing the invoice and stating the nature of the defect and if TRD is satisfied that the Goods are corrupt, defective or do not match the order You placed, TRD will replace such Goods or refund the amount paid by You for those Goods and the cost of returning those Goods. This does not apply to Goods damaged in transit for which please refer to clause 5.4 |
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| 7. |
INSTALLATION |
| 7.1 |
The Goods are supplied on a 'self-install' basis and no assistance with installation is either included in the Purchase Price or available from TRD. |
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| 8. |
WARRANTY AND LIMITATION OF LIABILITY |
| 8.1 |
TRD guarantees that Goods purchased through this Website will be of satisfactory quality and fit for the purpose described on this Website. |
| 8.2 |
TRD shall not be liable to You for any loss or damage arising from Your use of the Goods. |
| 8.3 |
TRD shall not in any event be liable (whether in contract or otherwise) for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by You or for any wasted management time, failure to make anticipated savings or liability You may incur to any third party arising in any way in connection with the Goods or otherwise whether or not such loss has been discussed by TRD and You before You bought the Goods or for any account for profit, costs or expenses arising from such damage or loss. |
| 8.4 |
If despite the other provisions of these Terms and Conditions, TRD is liable to You for any loss that You suffer in connection with the delivery or non-delivery of the Goods, TRD' aggregate liability to You shall be limited to a sum equal to twice the Purchase Price excluding VAT. |
| 8.5 |
The only warranties and guarantees that are given to You in respect of the Goods are clearly set out in these Terms and Conditions. TRD excludes all other warranties or guarantees that might otherwise be implied by statute or otherwise unless TRD is legally prevented from making such exclusion. |
| 8.6 |
Nothing in this clause shall operate so as to exclude TRD's liability for death or personal injury arising out of its negligence. |
| 8.7 |
Each sub-clause of this clause 7 shall constitute a separate provision which can be separated out from the other provisions of this clause. The provisions of this clause shall continue in effect even if the agreement between You and TRD is terminated or completed or any other thing occurs which might otherwise have caused these Terms and Conditions to become ineffective. |
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| 9. |
MISCELLANEOUS |
| 9.1 |
These Terms and Conditions shall form the entire agreement between You and TRD regarding Your purchase of the Goods and You agree that You are not relying on any previous description or information provided by TRD in entering into this agreement. |
| 9.2 |
If You need to give TRD any notice, You should send it to the physical or email address shown above. If TRD needs to give You any notice, it shall send it to the email address or physical address that You have provided. All notices may be served by personal delivery or first class post. Any notice given by post shall be deemed to be received by the party to whom it was given 2 Working Days after posting). Notices given by email shall be deemed to have been given 1 hour after transmission thereof except if given on a weekend or after 5pm in which case the notice shall be deemed to have been given 1 hour after the start of the next Working Day. |
| 9.3 |
Your agreement with TRD for the purchase of the Goods shall be governed and construed in accordance with English Law. You agree to submit any dispute hereunder to the jurisdiction of the courts of England but TRD may take proceedings against You in a court in another country if appropriate. |