Sale of Goods Terms and Conditions
This agreement applies as between you, the User of this Website or Purchaser, and Nifty Audio Limited, the owner(s) of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. The Purchaser’s order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to the Purchaser indicating that the order has been fulfilled and has been dispatched.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Account” means collectively the personal information, payment Information and credentials used by Users to access paid content and / or any communications system on the Website;
“Carrier” means any third party responsible for transporting purchased goods from our premises to customers;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Goods” means any products that Nifty Audio advertises and / or makes available for sale through this Website; “Nifty Audio” means Nifty Audio Limited, Caxton Point, Caxton Way, Stevenage, SG1 2XU;
“Service” means collectively any online facilities, tools, services or information that Nifty Audio makes available through the Website either now or in the future; “Payment Information” means any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
“Purchaser” means any person or business that buys Goods from Nifty Audio from this Website;
“Purchase Information” means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
“Premises” Means our place(s) of business located at Caxton Point, Caxton Way, Stevenage, SG1 2XU;
“System” means any online communications infrastructure that Nifty Audio makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Website and is not employed by Nifty Audio and acting in the course of their employment; and
“Website” means the Website that you are currently using (www.niftyaudio.com) and any sub-domains of this site (e.g. subdomain.niftyaudio.com) unless expressly excluded by their own terms and conditions.
2. Business Customers
These Terms and Conditions apply to business customers only. A business customer is an individual acting for purposes that are wholly or mainly for that individual’s trade, business, craft or profession.
Consumer customers should go to this page: http://www.niftyaudio.com/pages/consumer-sale-of-goods
3. International Customers
If Goods are being ordered from outside Nifty Audio’s country of residence, import duties and taxes may be incurred once the Goods reach their destination. Nifty Audio is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If a Purchaser is buying internationally, they are advised to contact their local customs authorities for further details on costs and procedures. The Purchaser of the Goods will also be the importer of record and as such should ensure that the purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Nifty Audio gives no guarantee that the packaging of the Goods will be free of signs of tampering.
4.1 In order to purchase Goods on this Website and to use the enquiry facilities Users are required to create an Account which will contain certain personal details and payment information, which may vary based upon a User’s use of the Website as we may not require payment information until a purchase is to be made. By continuing to use this Website you represent and warrant that:
4.1.1 all information you submit is accurate and truthful;
4.1.2 if you are buying on behalf of your employers, you have the authority to submit payment information where any such authority is required; and
4.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
4.2 It is recommended that you do not share your Account details, particularly your username and password. Nifty Audio accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
4.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact Nifty Audio immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, Nifty Audio accepts no liability or responsibility and you should make contact with the carrier detailed in the Purchase Information.
4.4 When choosing a username Users are required to adhere to the terms set out above in Clause 4. Any failure to do so could result in the suspension and/or deletion of your Account.
5. Termination and Cancellation
5.1 Either Nifty Audio or a User may terminate an Account. If Nifty Audio terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
5.2 If Nifty Audio terminates an Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
5.3 Nifty Audio reserves the right to cancel purchases without stating reasons, for any reason, prior to processing payment and dispatch.
5.4 If purchases are cancelled for any reason prior to dispatch Purchasers will be refunded any monies paid in relation to those purchases.
5.5 If a User terminates their Account any non-dispatched purchases will be cancelled and a full refund of any monies paid in relation to those purchases will be paid through the payment method used when the Goods were purchased.
6.1 Any and all invoices are due for payment on the date shown on the invoice, unless alternative arrangements have been agreed between the Purchaser and Nifty Audio.
6.2 Interest will be charged on a daily basis, commercial interest at 8% above the base rate of the Bank of England obtaining at the time.
7. Goods, Pricing and Availability
7.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Nifty Audio correspond to the actual Goods, Nifty Audio is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Refund Clauses below for incorrect Goods.
7.2 Where appropriate, you may be required to select the required model, colour or number of the Goods that you are purchasing.
7.3 Nifty Audio does not represent or warrant that such Goods will be available. Stock indications are not provided on the Website.
7.4 All pricing information on the Website is correct at the time of going online. Nifty Audio reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated every week.
7.5 In the event that prices are changed during the period between an order being placed for Goods and Nifty Audio processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
7.6 All prices on the Website do include VAT. Nifty Audio’s VAT number is GB 225 2319 36.
8. Property, Risk and Account of Profits
8.1 Title in Goods will not pass to the Purchaser until the full purchase price for those Goods has been received by Nifty Audio. Title remains with Nifty Audio until payment is complete.
8.2 The Purchaser may only buy to sell on to its own customers if contracted as a Reseller with Nifty Audio.
8.3 If the Reseller sells the Goods on to its own customers in their original form and any amount of the purchase price payable to Nifty Audio remains outstanding, the Reseller must account to Nifty Audio for the proceeds of such a sale. The Reseller is then required to hold such proceeds on trust for Nifty Audio until payment has been received in full by Nifty Audio.
8.4 Nifty Audio reserves the right to trace all proceeds under the principles of Re Hallett’s Estate (1880) 13 Ch D 696. Once the payment date has passed, if any sums remain outstanding, Nifty Audio has the right to enter the Purchaser’s premises and remove any Goods which, by virtue of sub-Clause 8.1, remain the property of Nifty Audio.
9.1 Nifty Audio will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.
9.2 If Nifty Audio receives no communication from you, within 14 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.
10. Returns Policy
Nifty Audio aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.
10.1 If the Purchaser receives Goods which do not match those ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, the Purchaser should contact us within 14 working days to arrange collection and return. Nifty Audio is responsible for paying shipment costs, but not necessarily making the arrangements for the return shipment. The Purchaser will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used when the Goods were purchased. Refunds and replacements will be issued upon our receipt of the returned Goods.
10.2 If any Goods purchased have faults when they are delivered, the Purchaser should contact Nifty Audio within 28 working days to arrange collection and return. Nifty Audio is responsible for paying shipment costs, but not necessarily making the arrangements for the return shipment. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid, will be refunded through the payment method used when the Goods were purchased.
10.3 If any Goods develop faults within their warranty period, the Purchaser is entitled to a repair or replacement under the terms of that warranty.
10.4 If Goods are damaged in transit and the damage is apparent on delivery, the Purchaser should sign the delivery note to the effect that the goods have been damaged. In any event, such damage should be reported to Nifty Audio within 5 working days to arrange collection and return. Nifty Audio is responsible for paying shipment costs, but not necessarily making the arrangements for the return shipment. Upon receipt of the returned Goods, the price of the Goods, as paid, will be refunded through the payment method used when the Goods were purchased.
10.5 If the Goods have been dispatched or have reached you, but the Purchaser decides that they are no longer required, the Goods can be returned to Nifty Audio within 30 days of receipt. Goods can only be returned for this reason if their packaging remains unopened and the Goods can be re-sold, as new, without any additional work on the part of Nifty Audio. The Purchaser is responsible for paying shipment costs if Goods are returned for this reason.
10.6 If the Purchaser wishes to return Goods to Nifty Audio for any of the above reasons, please contact us using the details on http://www.niftyaudio.com/pages/contact-support to make the appropriate arrangements.
10.7 Nifty Audio reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
10.7.1 Any use or enjoyment that you may have already had out of the Goods;
10.7.2 Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;
10.7.3 The fact that the Goods consist of audio or video recordings or computer software and that the packaging has been opened;
10.7.4 Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase. Such discretion to be exercised only within the confines of the law.
10.8 Standard delivery charges will be reimbursed in full as part of your refund. Please note, however, that We cannot reimburse for premium delivery. We will only reimburse the equivalent standard delivery costs when issuing refunds under this Clause 10.
11. 30 Day Satisfaction Guarantee and Trial Purchases
11.1 For a Purchaser's first order clause 10.5 will be superseded by clause 11.2
11.2 If the Goods have been dispatched or have reached you, but the Purchaser decides that they are no longer required, the Goods can be returned to Nifty Audio within 30 days of receipt. Goods must be returned in their original condition with all packaging and documentation. Nifty Audio is responsible for paying shipment costs, but not necessarily making the arrangements for the return shipment. Upon receipt of the returned Goods, the price of the Goods, as paid, will be refunded through the payment method used when the Goods were purchased.
11.3 Trial Offer admin/rental fees are non-refundable.
11.4 Standard delivery charges will be reimbursed in full as part of your refund. Please note, however, that We cannot reimburse for premium delivery. We will only reimburse the equivalent standard delivery costs when issuing refunds under this Clause 11.
12. Privacy and Website Use
Our Privacy and Website Use policies can be found here:
Website Use Policy: http://www.niftyaudio.com/pages/website-use-policy
These policy references incorporate them into these Terms and Conditions.
13. Changes to the Service and these Terms and Conditions
Nifty Audio reserves the right to change the Website, its Content or these Terms and Conditions at any time. Users and Purchasers will be bound by any changes to the Terms and Conditions from the first time the Website is used by them following the changes. If Nifty Audio is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by Purchasers in the future.
14. Limitation of Liability
14.1 To the maximum extent permitted by law, Nifty Audio accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
14.2 Nothing in these Terms and Conditions excludes or restricts Nifty Audio’s liability for death or personal injury resulting from any negligence or fraud on the part of Nifty Audio.
14.3 Nothing in these Terms and Conditions excludes or restricts Nifty Audio’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.
14.4 Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
15. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
16. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
17. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Nifty Audio.
18.1 All notices / communications shall be given to us either by post to our Premises (see address above) or by email to firstname.lastname@example.org. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
18.2 Nifty Audio may from time to time send you information about our products and/or services. If you do not wish to receive such information, please click on the unsubscribe link in any email received.
19. Law and Jurisdiction
These Terms and Conditions and the relationship between you and Nifty Audio shall be governed by and construed in accordance with the Law of England and Wales and Nifty Audio and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.