TERMS AND CONDITIONS
We do not accept any responsibility for any loss which may arise from accessing or reliance on the information on this site and to the fullest extent permitted by English law, we exclude all liability for loss or damages direct or indirect arising from use of this site.
INFORMATION ABOUT US
www.eclipsedigitalmedia.co.uk is a site operated by Eclipse Digital Media Ltd (“We”); we are a Limited Company registered in England and Wales under registration number 07904166. Our registered office is SHERWOOD HOUSE, 41 QUEENS ROAD, FARNBOROUGH, HAMPSHIRE, UNITED KINGDOM, GU14 6JP. We have other office at UNIT L, LINSFORD BUSINESS PARK, LINSFORD LANE, MYTCHETT, CAMBERLEY, SURREY, GU16 6DJ. Our VAT number is 128393205.
ACCESSING OUR SITE
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
OUR SITE CHANGES REGULARLY
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
PURCHASING VIA OUR WEBSITE:
GENERAL CONDITIONS OF MAKING A PURCHASE
1.1 These Terms and Conditions shall apply to all Orders and Purchases.
1.2 The advertisement of Goods or Services on the Website or in our publications constitutes an “invitation to treat” and your Order constitutes a contractual offer. There will be no contract between you and Us unless and until We accept your Order in accordance with the procedures detailed below in Clause 2.
1.3 We will not file a copy of these Terms and Conditions specifically in relation to your Purchase. We may update the version of these Terms and Conditions on the Website from time to time, and We do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you save, print and retain a copy of these Terms and Conditions for your records.
1.4 The only language in which We provide these Terms and Conditions is English.
MAKING A PURCHASE OF GOODS OR SERVICES ON OUR WEBSITE
2.1 To make a Purchase on our Website, you need to take the following steps:
2.1.1 click on the Goods or Services you wish to Purchase;
2.1.2 input the quantity of the Goods or Service selected that you wish to Purchase, then click “Add to Basket” or “Add to Cart”;
2.1.3 once you have finished shopping, click “checkout”, review your Order, make changes to your Order (if necessary), complete the delivery and payment details, indicate your agreement to these Terms and Conditions, then click on “Confirm Payment”;
2.1.4 you will then process your payment details. We will then send you an initial acknowledgement by email to confirm that your Order is being processed and once We have checked whether We are able to meet your Order and whether payment has been successful, We will either send you an Order confirmation by email (“Confirmatory Email”) (at which point your Order will become a Purchase and shall conclude the Contract between you and Us) or alternatively, We will confirm by email that We are unable
to meet your Order. Where We are unable to accept your Order due to the requested Goods or Services (as appropriate) being out of stock or unavailable, We will aim to advise you when We expect the requested Goods or Services to be in stock/available and you will be given the opportunity to proceed with the Order. If you want to proceed with the Order notwithstanding that there will be a delay in delivery of the Goods or Services due to them being out of stock or unavailable, We will send a Confirmatory Email at which point your Order will become a Purchase and shall conclude the Contract between you and Us;
2.1.5 Once the Confirmatory Email has been sent to you, we will deliver the Goods/Services in accordance with Clause 6.
PRICE AND PAYMENT
3.1 The price of the Goods and Services shall be that stipulated on the Website or as otherwise advised by Us to you via an advertisement. The price is exclusive of VAT which will be added on checkout (“Price”). The Website contains a large number of Goods and Services and it is always possible that some of the Prices on the Website and/or on Our advertisements may be incorrect. We will verify prices as part of our sale procedures so that the correct Price will be stated when you pay for the Goods and/or Services.
3.2 When making a Purchase of Goods or Services, you may have to pay a delivery charge in addition to the Price. We will inform you of this during the ordering process and before the Contract between you and Us is concluded.
3.3 Payment must be made prior to your Order being accepted and a Contract being formed.
3.5 When making a Purchase via our Website payment must be made in Sterling either by credit/debit card or PayPal. Direct Debit payments can be accepted from UK bank accounts only. Payment for Purchases made by post can be made by credit or debit card or cheque in Sterling, unless otherwise intimated to you. All card transactions are processed through a secure payment gateway. All credit/debit card Purchases are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not for any reason authorise payment to Us for a particular Purchase, We will not accept your Order.
4.1 We reserve the right to withdraw any Goods or Services from the Website at any time.
4.2 We shall not be liable to anyone for withdrawing any Goods or Services from the Website or for refusing to accept an Order.
4.3 We have a right to revise and amend these Terms and Conditions (including Price) without notice however any changes will not affect Contracts which have already been concluded in accordance with Clauses 4, 5, 6 or 7.
5.1 We cannot describe every detail of the Goods or Services on the Website and each description is therefore abbreviated and is correct at the time of its input.
5.2 We expressly exclude warranties, conditions, or terms whether implied by Statute, common law or otherwise to the fullest extent permitted by law. Any recommendation or suggestion relating to any of the Goods or Services made by us is given in good faith, but it is for You to satisfy yourself as to the suitability of the Goods for Your purposes.
5.3 You warrant and undertake to Us that: (a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these Terms and Conditions; (b) the information provided in your Order is accurate and complete; and (c) you will be able to accept delivery of the Goods and Services.
6.1 All orders are shipped within 3-5 working days, Monday – Friday between 9am – 5pm, unless notified otherwise. Occasionally goods may need to be made to order and we will therefore notify you of any alterations to the shipping times once your order has been placed.
6.2 We shall use our reasonable endeavours to meet any date agreed for delivery. Notwithstanding the foregoing, We shall not be liable for any losses, costs, damages or expenses incurred by You or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
6.3 Delivery of the Goods or Services (if appropriate) shall be made to the delivery address specified in the Order and You shall make all arrangements necessary to take delivery of the Goods or Services whenever they are tendered for delivery.
6.4 We will use one of the following carriers to deliver our orders: DPD.
6.5 The rate charged for the shipping of your order is based on the weight and size of the product, and the delivery address. Before the final checkout page you will be shown what the cost of shipping will be, and you will have a chance to amend your order or call to discuss.
TITLE AND RISK
7.1 The Goods will be at your risk from the time of delivery. Ownership of the Goods will only pass to you upon the later of: (a) delivery of the Goods; and (b) receipt by Us of full payment of all sums due in respect of the Goods (including delivery charges).
7.2 We will be entitled to recover payment for the Goods where the Goods have been delivered to you even where ownership has not passed to you.
CANCELLATION AND RETURNS
8.1 If for whatever reason you decide that you need to cancel your order you can do so within 7 days of purchase.
8.2 If you have received goods before your cancel your contract you will be under a duty to restore those goods to Eclipse Digital Media Ltd at your own cost and, in the meantime, keep them and take good care of them. Your item must be returned to Eclipse Digital Media Ltd its original, unused, A-grade condition. In some cases a restocking fee may be charged.
8.3 You must return the item within 21 days of your purchase by carrying out the following steps:
- Email email@example.com to request a cancellation, return and refund
- Ship your returned item(s) to:
Eclipse Digital Media Ltd
Linsford Business Park
- Include in your package a signed letter stating the reason for your return and the original receipt.
8.4 Upon cancellation of your order, you agree to return the goods in their original unused condition to Eclipse Digital Media Ltd within 21 days from date of purchase.
8.5 Once the returned goods have been received and accepted in their original, unused condition by Eclipse Digital Media Ltd, a refund will be issued within 30 days from date of returned goods received. You may be charged a restocking fee for some items. Please contact us before carrying out a refund / return so we can advise if a restocking fee applies to the product(s) you have purchased.
LIMITATION OF LIABILITY
9.1 We shall not be liable to you for any indirect or consequential losses whatsoever or howsoever arising.
9.2 Subject to Clause 9.3, our entire and aggregate liability to you shall in no circumstances exceed the Price of the Purchase giving rise to the claim.
9.3 Nothing in these Terms and Conditions shall exclude or limit your or Our liability for death or personal injury caused by negligence or breach of statutory duty.
No failures to exercise and/or delay by Us (whether express or implied) in enforcing any of its rights under this Contract shall operate as a waiver thereof. A waiver by Us of any breach of the Terms and Conditions shall not prevent the subsequent enforcement of that provision and shall not be deemed to be a waiver of any subsequent breach of that or any other provision.
These Terms and Conditions and postal order forms at the time of submitting the Order and any other document referred to herein constitute the entire and only agreement between the parties in relation to its subject matter and replaces and extinguishes all prior or simultaneous agreements, undertakings, arrangements, understanding or statements of any nature made by the parties or any of them whether oral or written (and, if written, whether or not in draft form) with respect to such subject matter.
We shall not be liable for any delay or failure to perform any of Our obligations if the delay or failure results from events or circumstances outside Our reasonable control, including but not limited to acts of God, extraterrestrial activity, strikes, lock outs, accidents, war, fire, terrorism, breakdown of factory or machinery or shortage or unavailability of raw materials from a natural source of supply, telecommunications failure, epidemic, perils of the sea or air, flood, drought, explosion, sabotage, accident, embargo, riot, civil commotion or civil authority, including acts of local government and parliamentary authority; disputes of whatever nature and for whatever cause arising including but without prejudice to the generality of the foregoing, work to rule, overtime bar, strikes and walkouts. We shall endeavour to notify you as soon as possible should any such events or circumstances occur.
You are not allowed to assign, novate, delegate or sub-contract any of your rights and obligations under these Terms and Conditions. We may assign, novate, delegate or sub-contract any of our rights and obligations under these Terms and Conditions at Our discretion.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
YOUR LEGAL RIGHTS
Nothing in these Terms and Conditions affect your rights at law (including your right to receive a refund in respect of any defective Goods We sell to you).
OTHER LEGAL RIGHTS
For more information about your other statutory rights, please visit the Department of Trade and Industry’s Consumer Gateway Website at: http://www.consumerdirect.gov.uk/before_you_buy/online-shopping
In the event of a query or complaint about the Website or Us, please email firstname.lastname@example.org or contact Us at the addresses noted below.