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Consumer Terms and Conditions

OUR TERMS 

  1. THESE TERMS   

1.1  

What these terms cover.

These are the terms and conditions on which we supply goods to you. 

1.2 

Why you should read them.

Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide goods to you, how you may end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss. 

  1. INFORMATION ABOUT US AND HOW TO CONTACT US   

2.1 

Who we are.

We are Turnpike Audio Limited a company registered in England and Wales. Our company registration number is 10467548 and our registered office is at PO Box 5260, Warminster, Wiltshire, BA12 2BN.  

2.2  

How to contact us.

You can contact us by writing to us at sales@turnpikeaudio.com and PO Box 5260, Warminster, Wiltshire, BA12 2BN. 

2.3  

How we may contact you.

If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. 

2.4  

“Writing” includes emails.

When we use the words “writing” or “written” in these terms, this includes emails. 

  1. OUR CONTRACT WITH YOU   

3.1  

How we will accept your order.

Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. 

3.2 

If we cannot accept your order.

If we are unable to accept your order, we will inform you of this and will not charge you for the goods. This might be because the goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the goods. 

3.3  

We only sell to the UK.

Our website is solely for the promotion of our goods in the UK. Unfortunately, we do not accept orders from addresses outside the UK.

3.4

Unless expressly indicated otherwise, we are not the manufacturer of the goods.  Whilst we work to ensure that the information in relation to the goods on our website is correct, actual packaging and materials may contain more and different information to that displayed on the website.  All information about the goods is provided for information purposes only.  We recommend that you do not rely solely on such information.  Please always read labels, warnings and directions provided with the goods before use. 

  1. PROVIDING THE GOODS 

4.1      

Delivery costs.

The costs of delivery will be as displayed to you on our website. 

4.2      

When we will provide the goods.

We will deliver goods to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.  

4.3  

We are not responsible for delays outside our control.

If our supply of the goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods you have paid for but not received. 

4.4

If you are not at home when the goods are delivered.

If no one is available at your address to take delivery we will leave you a note informing you of how to rearrange delivery. 

4.5 

If you do not re-arrange delivery.

If after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract. 

4.6  

When you become responsible for the goods.

The goods will be your responsibility from the time we deliver the goods to the address you gave us. 

4.7

When you own goods.

You own the goods once we have received payment in full. 

  1. YOUR RIGHTS TO END THE CONTRACT   

5.1  

You can always end your contract with us.

Your rights when you end the contract will depend on whether there is anything wrong with the goods, how we are performing and when you decide to end the contract: 

(a)        If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the goods repaired or replaced or to get some or all of your money back), see Clause 6; 

(b)        If you want to end the contract because of something we have done, see Clause 5.2; 

(c)        If you have just changed your mind about the goods, see Clause 5.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods. 

5.2  

Ending the contract because of something we have done.

If you are ending a contract for a reason set out at (a) to (c) below the contract will end immediately and we will refund you in full for any goods which have not been provided and you may also be entitled to compensation. The reasons are: 

(a)        we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed; 

(b)        there is a risk that supply of the goods may be significantly delayed because of events outside our control; or 

(c)        you have a legal right to end the contract because of something we have done wrong (including because we have delivered late). 

5.3  

Exercising your right to change your mind (Consumer Contracts Regulations 2013).

For most goods bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. 

5.4

When you don’t have the right to change your mind.

You do not have a right to change your mind in respect of: 

(a)        goods made to your specification, special order items or customised specifically for you; 

(b)        goods sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and 

(c)        sealed audio or sealed video recordings or sealed computer software, once these goods are unsealed after you receive them. 

5.5

How long do I have to change my mind?

You have 14 days after the day you (or someone you nominate) receives the goods. 

  1. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)   

6.1  

Tell us you want to end the contract.

To end the contract with us, please let us know by doing the following: 

(a)        Email. Email us at sales@turnpikeaudio.com. Please provide your name, home address, details of the order and, where available, your phone number and email address. 

6.2  

Returning goods after ending the contract.

If you end the contract for any reason after goods have been dispatched to you or you have received them, you must return them to us. You must either post them back to us at PO Box 5260, Warminster, Wiltshire, BA12 2BN or (if they are not suitable for posting) allow us to collect them from you. Please email us at sales@turnpikeaudio.com for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract. 

6.3  

When we will pay the costs of return.

We will pay the costs of return: 

(a)        if the goods are faulty or misdescribed; or 

(b)        if you are ending the contract because we have told you of an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong. 

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return. 

6.4

What we charge for collection.

If you are responsible for the costs of return and we are collecting the goods from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery. 

6.5  

How we will refund you.

We will refund you the price you paid for the goods including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below. 

6.6  

Deductions from refunds if you are exercising your right to change your mind.

If you are exercising your right to change your mind: 

(a)        We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. 

(b)        The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of goods within a specified number of days at one cost but you choose to have the goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option. 

6.7  

When your refund will be made.

We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then if we have not offered to collect the goods, your refund will be made within 14 days from the day on which we receive the goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the goods back to us. For information about how to return goods to us, see Clause 6.2. 

  1. IF THERE IS A PROBLEM WITH THE GOODS   

7.1  

How to tell us about problems.

If you have any questions or complaints about the goods, please contact us. You can email us at sales@turnpikeaudio.com.  

7.2  

Your legal rights.

We are under a legal duty to supply goods that are in conformity with this contract. Nothing in these terms will affect your legal rights. 

7.3  

Your obligation to return rejected goods.

If you wish to exercise your legal rights to reject goods you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please email us at sales@turnpikeaudio.com for a return label or to arrange collection. 

  1. PRICE AND PAYMENT   

8.1  

Where to find the price for the goods.

The price of the goods (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the goods advised to you is correct. However please see Clause 8.3 for what happens if we discover an error in the price of the goods you order. 

8.2  

We will pass on changes in the rate of VAT.

If the rate of VAT changes between your order date and the date we supply the goods, we will adjust the rate of VAT that you pay, unless you have already paid for the goods in full before the change in the rate of VAT takes effect. 

8.3  

What happens if we got the price wrong.

It is always possible that, despite our best efforts, some of the goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the goods’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the goods’ correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you. 

8.4  

When you must pay and how you must pay.

We accept payment with American Express, Master Card, PayPal and Visa. You must pay for the goods before we dispatch them. We will charge your credit or debit card when we accept your order. 

8.5  

What to do if you think an invoice is wrong.

If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date. 

8.6

In the interests of preventing fraudulent use of credit, debit and charge cards, we will validate the names, addresses and other information supplied during the order process against commercially available records (e.g. Electoral Roll data, Credit Reference Services).  A third party may also be instructed to complete these checks.  By ordering from the website you consent to such checks being made.  Any information given may be disclosed to a registered Credit Reference Agency which may keep a record of the information.  All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998. 

  1. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU   

9.1  

We are responsible to you for foreseeable loss and damage caused by us.

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. 

9.2  

We do not exclude or limit in any way our liability to you where it would be unlawful to do so.

This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the goods including the right to receive goods which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; and for defective products under the Consumer Protection Act 1987. 

9.3

We are not liable for business losses.

We only supply the goods for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 

  1. HOW WE MAY USE YOUR PERSONAL INFORMATION   

10.1  

How we will use your personal information.

We will use the personal information you provide to us: 

(a)        to supply the goods to you; 

(b)        to process your payment for the goods; and 

(c)        if you agreed to this during the order process, to give you information about similar goods that we provide, but you may stop receiving this at any time by contacting us. 

10.2  

We will only give your personal information to other third parties where the law either requires or allows us to do so. 

  1. OTHER IMPORTANT TERMS   

11.1  

Nobody else has any rights under this contract.

This contract is between you and us. No other person shall have any rights to enforce any of its terms.  Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms. 

11.2  

If a court finds part of this contract illegal, the rest will continue in force.

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. 

11.3  

Even if we delay in enforcing this contract, we can still enforce it later.

If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the goods, we can still require you to make the payment at a later date. 

11.4 

Which laws apply to this contract and where you may bring legal proceedings.

These terms are governed by English law and you can bring legal proceedings in respect of the goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the goods in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the goods in either the Northern Irish or the English courts. 

11.5

Our website

Whilst we try to ensure that the website is normally available 24 hours a day, we will not be liable if for any reason the website is unavailable at any time or for any period.  Access to the website may be suspended temporarily and without any notice in the case of system failure, maintenance or repair or events outside our control.