|TERMS AND CONDITIONS OF TRADE FOR DJ STORE, A TRADING DIVISION OF THE WESTEND DJ LIMITED
"Customer" means any person whomsoever who orders Products online and engages DJ Store to supply the Products online and shall include any officer, employee or agent of the Customer as the case may be;
GMT means Greenwich Mean Time;
"DJS" means DJ Store, a trading division of Westend DJ Limited;
"Force Majeure" means any, act of God, strike, lock out, war, act of terrorism, flood, lightening, fire, explosion, earthquake, civil commotion or riot;
"Products" means the supply to Customers by DJ Store of disc jockey equipment and related items;
"these Terms" mean these terms and conditions.
1.2 The singular includes the plural and vice versa and any gender includes all genders
1.3 The clause headings are inserted for ease of reference only and shall not affect the interpretation or construction of these Terms.
2. SCOPE OF THESE TERMS AND FORM OF AGREEMENT
2.1 These Terms shall prevail over any terms put forward by the Customer, unless DJ Store expressly agrees to them in writing.
2.2 DJ Store will not accept any amendments by the Customer to these Terms. DJ Store may change these Terms from time to time without notice to the Customer. Changes will apply to any subsequent orders received.
2.3 The Customer shall not at any time whatsoever make use of or disclose for his own benefit or for or to or on behalf of any other person, firm or company, any confidential information which he now possesses or may posses relating to the business of DJ Store or its affairs or of any suppliers, customers or other persons having dealings with DJ Store and shall use his best endeavours to prevent the publication or disclosure of any such confidential information.
3A ORDERING OF PRODUCTS
3A.1 When placing an order for any Product, the Customer shall state, specifically, which Products the Customer desires to purchase and shall also at the same time confirm to DJ Store, at their own risk, their home address, telephone number (including STD Code), delivery requirements and selected payment method including credit card details together with such other details that may be requested at that time from the Customer by DJ Store.
3A.2 Any orders received by DJ Store after 4.00 pm GMT/BST shall be deemed by DJ Store to be received the following day. The cut of for Republic of Ireland deliveries is 2 pm.
3A3 The Customer can check the status and progress of his order at any time by logging on to DJ Store's "your account" section.
3A.4 All orders are made subject to acceptance by the Customer of these Terms.
3A.5 Fulfilment of any order for Products is subject to stock availability and acceptance by DJ Store of the Customer's order. DJ Store is under no obligation to fulfill any Customer order. Acceptance of the order is calssified as the order being despatched - upto which point DJ Store may cancel the order.
3B DELIVERY OF THE PRODUCTS AND RISK
3B.1.1 When the Products are available for delivery, DJ Store will give the Customer notice in accordance with these Terms and arrange for the Products to be delivered to the Customer pursuant to the Customers requirements as specified to DJ Store in terms of Clause 3A.1.
3B.1.2 Risk as regards all loss or damage to the Products shall only pass to the Customer when DJ Store has delivered the Products to the Customer.
3B.1.3 If the Products are lost or damaged due to any act, error, omission or neglect on the part of any carrier/courier, DJ Store shall use its best endeavours to replace the Products with an identical or similar model as soon as reasonably practicable on being notified of such loss or damage. The customer is required to notify DJ Store within 7 days of delivery if the item(s) is damaged on arrival or missing any parts.
3B.1.4 Delivery can only be made to mainland UK and Northern Ireland addresses.
3B.2 The date and time for delivery of any Products in accordance with these Terms is not a contractual commitment, but an estimate only. DJ Store shall deliver the Product within thirty days, unless DJ Store and the Customer have agreed a longer delivery period. If DJ Store cannot deliver the Product within the period of thirty days or such longer delivery period as may have been agreed, DJ Store shall immediately notify the Customer and agree another time for delivery. If neither DJ Store nor the Customer can agree on another time for delivery, DJ Store shall offer the Customer a refund of any monies paid to DJ Store for the Product.
3B.3.1 Products are not delivered on a trial basis. The Customer shall upon receipt of the Products inspect the Products and if the Products conform to the Customerâ€™s contract specifications, the Customer, or if not aged 18 or over, an adult aged 18 or over shall sign the delivery note accepting the Products.
3B.3.2 If the Products do not conform to the Customers contract specifications, the Customer must notify DJ Store of any shortages, defects in the Products or any other complaint in respect of them within twenty-eight working days from the date of receipt. If DJ Store delivers less than the contract quantity, DJ Store shall use their best endeavours to make good the shortfall to the Customer, subject to stock availability, within 48 hours or in the absence of such stock within seven to ten working days of being notified of the shortfall by the Customer, all at the cost of DJ Store. If DJ Store delivers more than the contract quantity, the Customer shall either accept and pay for the quantity actually delivered or accept the contract quantity and return the excess Products to DJ Store forthwith upon demand by DJ Store, all at the cost of DJ Store. If any Products are proven to be defective and such defects are notified to DJ Store within twenty eight working days the Product or part thereof shall be replaced within three working days if stock is available or where a replacement is unavailable, the Customer shall be offered an equivalent but not identical piece of equipment, or DJ Store shall offer the Customer a full refund, within thirty days, of the price paid for the Product.
3B.4.1 The Customer shall be entitled to cancel any order made with DJ Store, for any reason, within seven working days from the day after receipt by the Customer of the Products. The Customer shall pay the cost of returning the Products. The Products must be returned in their original condition, in full working order and with all components (instruction booklet, remote control, etc.) For all Products returned in accordance with this Clause 3B.4.1, DJ Store shall offer a full refund or, if preferred, an exchange of equal value. The right to cancel does not apply to goods purchased/collected from our warehouse.
3B.4.2 Notwithstanding the terms of Clause 3B.4.1, DJ Store shall not accept the return of any sealed audio or video recordings or computer software (including software which is included with hardware controllers) which has been subsequently opened by the Customer unless such items have a proven technical fault, in which case the provisions of Clause 3B.3.2 shall apply.
3B.4.3 Where products returned under warranty for repair or replacement and found not to be faulty, the Customer shall pay the cost of returning the unit and any collection charges.
3B.5 Customers may, at the discretion of DJ Store, be able to place an order for Products which are not yet available for delivery not earlier than six months prior to the date when such products are either due to be manufactured, or imported to the United Kingdom. The Customer shall not be required to pay for the Products until the Products are available to be delivered to the Customer.
4 PAYMENT OF PRICE
4.1.1 All prices quoted by DJ Store to the Customer are in pounds sterling or euros and shall be inclusive of Value Added Tax at the applicable rate from time to time, but exclusive of delivery charges, details of which may be obtained by the Customer on the DJ Store website.
4.1.2 DJ Store accepts, as a method of payment the following:-
Mastercard, Maestro/Switch, Solo, Visa, Visa Debit (Delta), Visa Electron. DJ Store also accepts cheques and direct bank transfer.
4.2 Save as agreed between DJ Store and the Customer, the Customer will pay all sums due under these Terms in full before the Products are delivered to the Customer.
4.3 Prices are subject to change without notice.
4.4 The Customers obligations under the terms of Clause 4 shall not be satisfied until DJ Store is in the receipt of cleared funds.
4.5 Unless as part of any scheme or arrangement operated by DJ Store, DJ Store shall not offer any Customer any discounts.
Any or all statements, recommendations, advice and opinions made or expressed, including any statements referred to or contained, in any DJ Store website, email correspondence, on-line chat sessions, news groups, brochures, catalogues, correspondence and the like are made or expressed in good faith and on the basis of information available to DJ Store at the time. No statement, recommendation, advice or opinion or any other communication whatsoever is deemed to be a representation, undertaking, warranty, guarantee or contractual obligation on the part of DJ Store. DJ Store will not be liable to compensate the Customer for any loss of anticipated profits, damage to the customerâ€™s reputation or goodwill, loss of expected future business or any damages, costs or expenses incurred by third parties who are not customers. In addition, DJ Store shall not be liable to the Customer in respect of any losses suffered by the Customer where such losses were not reasonably foreseeable to both DJ Store and the Customer when the Contract was made and DJ Store shall not be liable for any losses incurred by the Customer unless such loss was caused by any breach of these Terms or otherwise on the part of DJ Store.
6. FORCE MAJEURE
"Force Majeureâ€ť means any, act of God, strike, lock out, war, act of terrorism, flood, lightening, fire, explosion, earthquake, civil commotion or riot;
6.1 If performance of DJ Store's obligations are delayed or hindered by Force Majeure the following provisions shall apply:-
6.1.1 DJ Store will as soon as reasonably practicable give the Customer notice of the reasons for the delay or hindrance. However, failure to give such notice will not prevent DJ Store relying on the remaining provisions of this clause, and DJ Store will incur no liability for failure to give such notice.
6.1.2 DJ Store's duty to deliver the Products shall be suspended for as long as the circumstances amounting to Force Majeure continue, and the time for performance of DJ Store's obligations shall be extended by a period equal to the duration of those circumstances.
Any question concerning the construction, meaning or effect of these Terms, or any dispute concerning the rights or liabilities of the parties under these Terms may, unless resolved between DJ Store and the Customer, be referred to arbitration, which DJ Store and the Customer acknowledge shall be governed by the Arbitration Act 1996. Any arbitration process will however be voluntary and the Customer shall not be forced to take part.
Any notice required to be given by any party hereto to the other shall be deemed validly served if served by:-
(a) prepaid registered letter post to the registered office and trading addresses of the recipient or such other address as may from time to time be notified in writing for this purpose; or
(b) personal delivery by hand; or
(c) by facsimile transmission;
(d) by electronic mail,
and in the case of service upon DJ Store shall be marked "Private and Confidential" and for the attention of the Operations Manager. Any notice so served shall be deemed to have been served:-
(i) in the case of (a) above forty-eight hours after posting the same; or
(ii) in the case of (b) above upon delivery; or
(iii) in the case of (c) above upon transmission; or
(iv) in the case of (d) above within forty eight hours.
In proving service it shall be sufficient to prove that the notice was properly addressed and posted, or that delivery took place, or that the notice was faxed or emailed to the then correct facsimile number or email address of the party.
No waiver by any party of any of the requirements hereof or of any of their rights hereunder, shall be effective unless given in writing and signed by or on behalf of that party and no forbearance, delay or indulgence by any party in enforcing the provisions of these Terms shall prejudice or restrict the rights of that party nor shall any waiver by any party of any of the requirements hereof or any of its rights hereinafter release any other party from full performance of their obligations stated herein.
10. INTELLECTUAL PROPERTY
The Customer shall not be entitled to use or copy the trademarks, DJ Store, djstore.com, or Westend DJ Limited names used by DJ Store or copyright works or any other intellectual property either registered, owned or used by DJ Store without the prior written consent of DJ Store. The contents of DJ Store website including all images, text and sounds thereon, unless otherwise specifically stated, are the exclusive intellectual property of DJ Store.
11. APPLICABLE LAW
These Terms shall be construed and receive effect in accordance with the law of England and DJ Store and the Customer agree to prorogate the exclusive jurisdiction of the English Courts.
12. UNSOLICITED EMAILS
DJ Store shall not send any emails to Customers, except in connection with their order and delivery of the Products, unless the Customer has consented to the receipt of emails from DJ Store by agreeing to join the DJ Store mailing list. Should you wish to join the emailing list, please email firstname.lastname@example.org
All complaints received by DJ Store shall be acknowledged within five working days and DJ Store shall at the point of acknowledgement provide to the Customer a reasonable estimate of the timescale involved in handling and resolving any such complaint. DJ Store shall keep the Customer informed as to the progress of his complaint.
DJ Store are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998 and according to the Which? Web Trader Code of Practice.
DJ Store collect information about you for 2 reasons: firstly, to process your order and secondly, to provide you with the best possible service.
Save to advise you on the progress of your order and its delivery, DJ Store will not email you in the future unless you have given us your consent.
DJ Store will give you the chance to refuse any marketing email from them or from another trader in the future.
The type of information DJ Store will collect about you includes:
â€˘ your name
â€˘ phone number
â€˘ email address
â€˘ credit/debit card details
DJ Store will never collect sensitive information about you without your explicit consent.
You can check the information that DJ Store hold about you by emailing us. If you find any inaccuracies DJ Store will correct it promptly.
The personal information which we hold is held securely in accordance with our internal security policy and the data protection act.
If DJ Store intend to transfer your information outside the EEA (European Economic Area) DJ Store will always obtain your consent first.
DJ Store may use technology to track the patterns of behaviour of visitors to our site. This can include using a â€ścookieâ€ť which would be stored on your browser. You can usually modify your browser to prevent this happening. The information collected in this way can be used to identify you unless you modify your browser settings.