Terms and Conditions
Welcome to the Nexxia Audio Solutions Website Terms and Conditions. Please note these Terms and Conditions apply to the use of this website at www.nexxia.co.uk. By Accessing this website and/or placing an order, you agree to be bound by these Terms and Conditions.
The www.nexxia.co.uk website is operated by:
Nexxia Designs Limited, a company registered in England and Wales, whose registered office is at Unit A2 Atria Court, Papworth, Cambridge, United Kingdom, CB23 3GY. Our company registration number is 3788559.
Our VAT registration number is 740694228
Our contact details are as follows:
Trading address: Unit A2 Atria Court,
46 Stirling Way, Papworth,
General email: email@example.com
Telephone number: 0800 8818565
Fax number 0800 8818568
1.1 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
1.2 We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
1.3 If you have any concerns about material on our site, please contact us by email at firstname.lastname@example.org.
2. ORDERING FROM US 2.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.
2.2 Our acceptance of an order takes place when we despatch the order. We will send you a despatch confirmation by email. When we despatch the order the purchase contract will be made , unless we have notified you that we do not accept your order or you have cancelled your order.
2.3 We may refuse to accept an order:
(a) where goods, services or information ordered by you are not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description error; or
(d) if you do not meet any eligibility criteria set out in our terms and conditions.
(e) if we do not deliver to your area;
Where we do not accept your order but have processed your payment, we will re-credit your account with any amount deducted by us from your debit or credit card as soon as possible, but in any event within 30 days of your order. We will not be obliged to pay any additional amount as compensation for disappointment.
2.4 Payment Methods - You can pay by Visa, Master card, Delta, Visa Electron, Visa Delta, Maestro, Solo or JCB card, just fill out your details on the secure order form and indicate your card type used. We do not accept orders by cheque or postal order.Please also note that due to bank regulations regarding data, we can not process additional payments for items customers require adding to their order.
2.5 Credit Card Security. When the order is placed at our website, credit card numbers are encrypted using 128 bit SSL encryption. They are only decrypted when they reach the secure server, and even we can not see all the details of your card, as our system uses fully on-line transactions direct to the banks systems. The secure server is run by Secure Hosting which is recognized as the best secure system in the UK.
3. PRICING 3.1 All prices include VAT (where applicable) at the current rates. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.
3.2 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website.
3.3 Our prices are reviewed periodically and the next review will be on 2012-09-01.
4. DELIVERY CHARGES 4.1 We will deliver goods ordered by you as soon as possible to the address you give us for delivery, but in any event within 30 days of your order.
4.2 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing, at our contact address, of the problem within 10 working days of the delivery of the goods in question.
4.3 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 days of our maximum delivery period of 30 from the date on which you ordered the goods.
Please note, items sent by Royal Mail usually take 2 to 5 days but can take up to 10 days, for this reason we offer an upgrade option to First Class post or to DPD / UPS.
*Note next day delivery is subject to stocks, please call if you wish to check stocks, orders must be placed before 15:00.
For more information on Royal Mail Delivery Services by First or Second Class, please see this link.
4.4 All orders sent by Royal Mail Second Class Post. European items and International items are sent by Royal Mail using International signed for all orders.
Orders placed after 15:00 on Friday will be dispatched on Monday.
*DPD Upgrades for these Postcodes will be a Two Day Service. AB36-38, AB55-56, AB83, BT (All), D71 FK17-21, HS0-8, HS83, HS9, HS85, IV (ALL), IM (ALL), KA27-28, KA85-86, KW0-14, KW15-99, PA20-99, PA85, PH15-32, PH33-38, PH49-99, ZE82
DPD Deliveries or upgrades will only be delivered working days, not Saturdays.
4.5 By using Royal Mail's services we hope these items will be received by our customers in an efficient manner. How ever we cannot be held responsible for any delays that occur in transit and items sent by Royal Mail post can take up to 10 days. For this reason we now offer an upgrade to DPD or UPS.
4.6 From the 24th January 2012 our Postage and Packing charges will be revised with reductions to some charges. The last revision to our P & P rates was 1st June 2012 .
NEW - Lower Rates for Europe and International , all orders over £95.00 for Zone 1 and Zone 2 , Zone3 and Zone 4 sent by UPS, subject to UPS Service being available in your area.
UPS Europe Upgrade Service available for Zones 1 and 2, subject to services being available in your area and maybe subject to an extended area charge of £15.00 from UPS.
Order Value (Goods Only)
Europe (Zone 1)
Europe (Zone 2)
International* (Zone 3)
International* (Zone 4)
International* (Zone 5)
Zone 1 Countries - Europe*
Austria, Belgium, Denmark, France, Finland, Germany, Luxembourg, Netherlands, Republic of Ireland
Zone 2 Countries - Europe*
Cyprus, Czech Republic, Greece, Hungary, Italy, Malta
Monaco, Poland, Portugal, Spain, Sweden.
Zone 3 Countries – International*
Canada, Greenland, Gibraltar, Iceland, Norway, Mexico, United States, Switzerland, Russia, Turkey.Zone 4 Countries – International*
Brazil, China, Hong Kong, Singapore, Taiwan, Thailand
Zone 5 Countries – International*
Australia, Bahrain, Brunei, Morocco, Japan, Jordan, New Zealand, Qatar, Tunisia, United Arab Emirates, Zimbabwe
*Supported countries for European and International orders only any orders from other countries will be refunded and not processed.NOTE, we do not delivery to PO Boxes.
4.7 Please also ensure correct Country is selected on the shopping basket. Due to banking regulations regarding data, we can not process additional payments to account for incorrect postage and packing charges and these orders may be cancelled with a request to re-order using the correct Country.
5. LIABILITY 5.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question.
5.2 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 days of our maximum delivery period of 30 from the date on which you ordered the goods.
5.3 If you notify a problem to us under this condition, our only obligation will be, at your option:
(a) to make good any shortage or non-delivery;
(b) to replace or repair any goods that are damaged or defective; or
(c) to refund to you the amount paid by you for the goods in question in whatever way we choose.
5.4 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 5.3(c) above.
5.5 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
5.6 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
6. RETURNS POLICY and CANCELLATION OF ORDERS
Change to Process – Returns Authorisation Number Now Required
6.1 This section applies to consumers only (and not to businesses or other organisations) who order goods
6.2 If you wish to cancel your order:
(a) you must use the Cancel Order form on the website before we have dispatched the goods to you; or
(b) where goods have already been dispatched to you, by returning goods to us in accordance with clause 6.3
6.3 Cancellation Right: You have the right under the Consumer Protection (Distance Selling) Regulations 2000 to cancel your order at any time before delivery of the item(s) or within 7 working days of receipt of the item(s) by following our returns process. UK Customers will be refunded the postage charge of your item(s) where the entire order is returned, and you have contacted us within 7 days of the invoice date to obtain a Returns Authorisation Number. This does not apply to customers outside the United Kingdom.
6.4 Before you return items to us, you MUST comply with these terms and conditions and obtain a Returns Authorisation Number from us first. You can contact us by email or Telephone to do this. Please ensure the RAN number and a copy of your invoice are enclosed with your order. Failure to do this will impede our ability to complete the refund.
6.5 If you contact us within 7 days of your invoice date, and are returning the entire order, you will also be refunded your original standard postage charges (UK Orders Only). This does not apply after 7 days, or for return of part of the order. Returns must still be received by Nexxia Designs Ltd within 28 days of invoice date.
You can return goods you have ordered from us for any reason at any time within 28 days of receipt for a full refund, but will still require a Returns Authorisation Number. The costs of returning goods to us shall be borne by you.
6.6 Upon receipt of the goods (within 28 days of invoice date) we will give you a full refund within 14 working days of the amount paid for products (and original postage costs if within the terms of 6.3 to 6.5), less (if for any reason the these costs have not been paid by you) the costs of delivery to us.
6.7 Condition of Items for Returns: The Buyer must return the item(s) in good condition, unused and with their original packaging. Nexxia Designs Limited reserves the right to refuse or to reduce a refund on any item that is incomplete, damaged, dirtied or not received in reasonable condition.
6.8 Returns Process: It is the Buyer´s responsibility to ensure that they have a Returns Authorisation Number from us and this is enclosed with a copy of the invoice with the parcel. Should the Buyer fail to enclose these details, Nexxia Designs Ltd may not be able to refund the items until able to identify the related order if at all . Should the Buyer fail to return their goods to the return address provided, Nexxia Designs Ltd will not be held responsible for any delays to refunds or postage issues.
6.9 Other Returns: Other than for defective products, returns outside the timeframe set out above, will not be accepted. Any unauthorised returns will be refused.
6.10 Postage for Returns: We would advise the Buyer to return unwanted items by recorded delivery or by obtaining a proof of postage from the Post Office or by any other means that shows proof of postage of the returned items. For all Freepost or normal deliveries, it is the Buyer’s responsibility to ensure that the items are sufficiently insured for claim purposes. No additional charges will be covered by Nexxia Designs Ltd. This does not affect your statutory.
6.11 Lost Returns: Should the Buyer´s chosen courier fail to deliver or lose their return parcel, it is the Buyer´s responsibility to claim compensation from the courier directly. Nexxia Designs Ltd are not liable for any lost return parcels.
6.12 - For Return of large order over £250 , Nexxia Designs Ltd reserves the right to impose a restocking fee of not more than 20% of the goods value of the items being returned.
6.13 The rights to return the goods to us as referred to in clause 6.3 to 6.9 will not apply in the following circumstances: -
* in the event that the product has been used or tampered with
* in the case of software, audio or visual products, where the packaging has been unsealed
* more than 28 days have passed since the invoice date
The provisions of this clause 6.12 do not affect your statutory rights.
Unit A2 Atria Court
Please obtain a certificate of posting when you return the item.
7. LICENCE 7.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on this Website are used separately from accompanying text; and
(c)any of our copyright and trade mark notices and this permission notice appear in all copies.
7.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 7.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
7.3 Subject to clause 7.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
7.4 Any rights not expressly granted in these terms are reserved.
8. SERVICE ACCESS 8.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
8.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
9.2 You are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
9.3 You may not misuse the Website (including, without limitation, by hacking, impersonating any person or entity or falsely misrepresent your affiliation with a person or entity, ‘stalk’ or harass another or collect or store personal data about other users ).
9.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 9.2 or 9.3.
9.5 It is your responsibility to determine that your input into our site, including use of any chat room areas of our site, including your choice of your user name, conforms to the above conditions. Remember that the site and your content may be accessed by children.
9.6 If you notice any content which breaches these conditions, please notify us by email to email@example.com.
10. LINKS TO AND FROM OTHER WEBSITES 10.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
10.2 You may not create any links to this Website.
10.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 10.2.
11. REGISTRATION 11.1 To register with www.nexxia.co.uk you must be over 18 years of age.
11.2 Each registration is for a single user only, whether or not acting on behalf of a company or other organisation. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
11.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
11.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
12. DISCLAIMER 12.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
12.2 The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
13. LIABILITY 13.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
13.2 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
13.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
13.4 You agree, on behalf of yourself and your business entity or organisation, jointly and severally to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
14. GOVERNING LAW AND JURISDICTION 14.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts where the claim is brought by you, save where you have legal rights to bring any claim in respect of such a dispute in any other jurisdiction. We nevertheless retain the right to bring proceedings against you for any threatened or actual breach of these terms and conditions in your country of residence, registration or business or any other relevant country.
14.2 We do not warrant that materials, services or information for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
15. MISCELLANEOUS 15.1 These Terms and Conditions were created on , using templates provided by www.e-terms.co.uk.
15.2 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
15.3 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
15.4 No person other than the parties to these terms and conditions are intended to benefit from them pursuant to the Contracts (Rights of Third Parties) Act 1999.
16. Waste Electrical Items - WEE
The Waste Electrical and Electronic Equipment (WEEE) Directive is now UK law. The legislation aims to make producers pay for the collection, treatment and recovery of waste electrical equipment. The regulations also mean that suppliers of equipment like high street shops and internet retailers must allow consumers to return their waste equipment free of charge. The amount of WEEE we throw away is increasing by around 5% each year, making it the fastest growing waste stream in the UK. Recycling reduces the environmental and health risks associated with sending electrical goods to landfill. Nexxia Audio Solutions is obliged under these regulations to offer our customers free take-back of their WEEE on a like-for-like basis when they buy a new Electrical or Electronic product from us. Customers must return their like-for-like WEEE item to us within 28 days of purchasing their new item. Under the WEEE Regulations, all new electrical goods should now be marked with the crossed-out wheeled bin symbol to show that they were produced after 13th August 2005, and should be disposed of separately from normal household waste so that they can be recycled" Please note that it is the customer's responsibility to pay for the cost of returning your WEEE items to Nexxia.
USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
By registering or placing an order on this website, you consent to the collection, use and transfer of your information under the terms of this policy.
For the purposes of the Data protection Act 1998, the data controller is Nexxia Designs Limited of Unit A2 Atria Court, Papworth, Cambridge, United Kingdom, CB23 3GY.
INFORMATION THAT WE COLLECT FROM YOU
When you visit, register or order products or services on www.nexxia.co.uk you may be asked to provide certain information about yourself including your name, contact details and credit or debit card information.
We may also collect information about your usage of our website as well as information about you from messages you post to the website and e-mails or letters you send to us.
To maintain customer service standards and to assist staff training, we may record and monitor incoming calls.
USE OF YOUR INFORMATION
Your information will enable us to provide you with access to all parts of our website and to supply the goods, services or information you have requested. It will enable you to participate in interactive features of our service, when you choose to do so. It will also enable us to bill you and to contact you where necessary concerning your orders. We will also use and analyse the information we collect so that we can administer, support, improve and develop our business.
In particular, we may use your information to contact you for your views on our services and to notify you occasionally about important changes or developments to the website or our services. Further, where you have consented, we might also use your information to let you know by email about other products and services which we offer which may be of interest to you. If you change your mind about being contacted in the future, please let us know.
DISCLOSURE OF YOUR INFORMATION
The information you provide to us may be accessed by or given to third parties some of whom may be located outside the European Economic Area who act for us for the purposes set out in this policy or for other purposes approved by you. Those parties process information, fulfil and deliver orders, process credit card payments and provide support services on our behalf. We may also pass aggregate information on the usage of our website to third parties but this will not include information that can be used to identify you.
Where you have consented when providing us with your details, we may also allow other companies in our group, to contact you occasionally about products and services which may be of interest to you. They may contact you by e-mail. If you change your mind about being contacted by these companies in the future, please let us know at firstname.lastname@example.org.
You agree that we may disclose your identity and contact details to (1) any third party who claims to us that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights or their rights of privacy, and (2) to other companies and organisations for the purposes of fraud protection and credit risk reduction.
Finally, if our business enters into a joint venture with or is sold to or merged with another business entity, your information may be disclosed to our new business partners or owners.
Countries outside the European Economic Area do not always have strong data protection laws. However, we will always take steps to ensure, so far as reasonably possible, that your information is used by third parties in accordance with this policy. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk.
Unless required to do so by law, we will not otherwise share, sell or distribute any of the information you provide to us without your consent.
Session cookies: these are used so that we can provide you with a shopping cart facility
Google analytics: used to support analysis and understanding of how people use the website (what they like most, when is the busiest time of day on the site, have people found new content when it is published, etc.). We perform this analysis to help us improve the usage and effectiveness of the website. The data collection and reporting behind this analysis is currently provided by Google Analytics. Your continued use of this website will indicate your agreement to the use of this cookie. More information on this cookie and advice on how to stop this cookie can be found here. Click here for Google Opt Out
AddThis: this cookie is used to allow you share the website with your friends using social media websites
Cookie: so we know that you clicked on the 'I understand' cookie statement and we won't show you the message further
If you have further questions, please send them to email@example.com
SECURITY AND DATA RETENTION
We employ security measures to protect, so far as reasonably possible, your information from access by unauthorised persons and against unlawful processing, accidental loss, destruction and damage. We will retain your information for a reasonable period or as long as the law requires or permits.
ACCESSING AND UPDATING
You are entitled to see the personal information held about you and you may ask us to make any necessary changes to ensure that it is accurate and kept up to date. If you wish to do this, please contact us at firstname.lastname@example.org. We are entitled by law to charge a fee of £10 to meet our costs in providing you with details of the information we hold about you.
All comments, queries and requests relating to our use of your information are welcomed and should be addressed to email@example.com.
Copyright © 2010 Nexxia Designs Limited. All rights reserved.