Terms of Contract
1.1 These Terms and Conditions constitute a legal document (‘Agreement’) which governs all transactions by Musical Cocktails Limited (‘MCL MEDIA’, ‘Musical Cocktails’, ‘we’ and ‘us’) of Unit 15 Watford Enterprise Centre, 25 Greenhill Crescent, Watford, Hertfordshire, Wd18 8XU, England, to the customer (‘you’) and constitute the entire and only agreement between us in relation to services and products offered by us on this website. Please read these terms and conditions carefully before purchase.
1.2 MCL MEDIA may change these terms and conditions at any time. Any changes will take immediate effect on the day they are posted onto the site.
1.3 All orders placed by you are on the basis of these Terms and Conditions and are subject to acceptance by us by despatch of the goods to you at which point a legally binding contract is constituted between us. The processing of your payment and acknowledgment of your order does not constitute legal acceptance of your order.
1.4 Customer Sales and Technical Helpline is 01923 510103 from the UK or 44 1923 510103 International. Email: email@example.com
1.5 You agree to provide completely accurate, current and true information about you and to keep your registration updated each time you use our site, services or products. If you provide untrue, inaccurate or incomplete information, or we have reasonable grounds to suspect any information provided by you is untrue, inaccurate or incomplete, we have the right to terminate or suspend your account and to stop supply and refuse you for any future use of our products, services and premises.
Placing an Order
2.1 All products are sold subject to availability. If on receipt of your order the products ordered are not available or there is likely to be a long delay we will contact you as soon as possible.
2.2 Product images are for guidance only and are not always an exact match of a product. Availability of a product cannot be guaranteed.
2.3 The placing of an order represents an offer to purchase the products indicated by you and is not binding on us until the goods are despatched. If an error has occurred and a product displayed on the website is unavailable, incorrectly priced or incorrectly described, we shall not be liable to supply you with the product. If the product has been priced incorrectly you will be notified of the correct price and given the opportunity to decline or proceed with the order. We make every effort to ensure all product prices and details are correct when published to the website.
2.4 An email acknowledgement of your order will be sent to you when you place your order online, but acceptance of your offer to buy the products will not take place until we despatch the products to you. At this point a legally binding contract is entered into and is subject to these Terms and Conditions.
2.5 Products are not supplied on a trial basis. Distance selling regulations provide a cooling off period and not a try before you buy period. In accordance with the Consumer Protection (Distance Selling) regulations 2000, MCL MEDIA gives you the right to cancel your order within 7 working days of receipt of the products. You must notify MCL MEDIA within this 7 day period in writing (Email is acceptable) if you wish to cancel/return the order. We will confirm receipt of your notice to cancel and issue you with a Returns Number. We cannot accept cancellations/returns if we have not been notified in writing within this period. All products must be returned at your cost and liability, unused and as new, complete with all accessories, cables, manuals, discs, software in undamaged original packaging. Products must be protected in transit by outer cardboard box and packaging material. Your proof of purchase must also be returned with the products. This must be in the form of the despatch note or invoice from MCL MEDIA. Your original delivery charge will not be refunded and we reserve the right to charge a re-stocking fee of up to 25% of invoice value if the products are not received back in a suitable standard for us to sell as new and unused product.
2.6 Please note that unsealed batteries, recordable media, computer software and ‘customised orders’ including cut lengths of cable and manufactured panels are exempt from clause 2.5 and are not covered under the right to cancel.
Payment and Delivery
3.1 UK addresses - we can only supply to the billing address of the customer – No exceptions are granted unless you have registered a secondary address with your credit/debit card issuing bank and this can be verified prior to despatch or you have a verified trade account address with us.
3.2 International addresses – we can only supply to verified addresses by your credit/debit card issuing bank or you have a verified trade account with us.
3.3 The price payable for the products you order is set out on our website at the time you place your order. All prices on product pages are shown in £ Sterling (GBP) excluding VAT and also fully inclusive of UK VAT. Delivery charges are clearly displayed before you submit your order.
3.4 All transactions are currently made in £ Sterling (GBP), so any other currency price shown on the website is only as an indication of that currency and will be subject to the exchange rate imposed by your card issuer. You may also incur a transaction or commission charge from your card issuer. If you do purchase from outside the UK and then decide to return your products we do upon inspection agree to refund for these (please see returns policy clauses 5.1 through to 5.7 for full details). Please be aware that there could be currency fluctuation when we process the refund which is out of our control and therefore cannot be recovered from us.
3.5 EU residents pay the VAT inclusive price, Non EU/Exempt pay the exclusive price. MCL MEDIA is not liable for any customs duties that might be incurred when the products are shipped.
3.6 All goods and products remain the property of MCL MEDIA until paid for in full. Risk passes to you on delivery. We must receive full payment for the whole of the price of the goods you order and any applicable delivery charges and taxes before your order can be processed, unless we have agreed otherwise in writing in advance.
3.7 You have the opportunity to change and amend any part of your order prior to pressing the ‘Submit Order’ button. You will receive an order acknowledgement as set out in clause 2.4. Should you need to amend your order after this, please contact us by telephone on 01923 510103 or via Email: firstname.lastname@example.org . We strongly recommend you save and print off a hard copy of your order for future reference.
3.8 Should you wish to pay with cheque please allow 7 working days for your payment to clear before we despatch your products to you. Cheques will only be banked if they are for the correct amount and drawn in £ Sterling.
3.9 We operate from Monday to Saturday (excluding Bank Holidays) with orders placed before 3pm processed the same day. Orders placed after this time will be processed the next business day. Orders despatched on Friday will usually arrive the following Monday (excluding Bank Holidays) unless a Saturday delivery service is requested.
3.10 All orders despatched by our carriers will require a signature upon delivery. Orders are sent by Royal Mail, DHL or other delivery company where appropriate.
3.11 We cannot be held responsible for delays caused by our Carriers. We send you an email notifying you of despatch complete with tracking number which also serves as an acceptance of your order and makes these Terms and Conditions legally binding.
Missing or Damaged Items
4.1 You have two working days from receiving your order to report any missing items from your order. This will also need to be verified by our stock records before a missing item is despatched or a refund given for the missing item.
4.2 If you believe the products have been damaged in transit to you, you may sign for the product as ‘Damaged’ to the carrier or you may refuse to accept delivery. All original packaging must be retained for examination and you must contact us immediately to notify us of the problem. Tel: 01923 510103 or Email: email@example.com
5.1 If you need to return any products please contact our Sales Helpline on 01923 510103 or by Email: firstname.lastname@example.org to discuss the fault before the products are returned. Often our technical staff can resolve a problem without the need to return it to us.
5.2 MCL MEDIA will not accept any returned product without preauthorisation and a Returns Number given to you by one or MCL MEDIA’s staff.
5.3 As described in clause 2.5 you have the right to cancel your order within 7 working days of receipt of the products. You must notify MCL MEDIA within this 7 day period in writing (Email is acceptable) if you wish to cancel/return the order. We will confirm receipt of your notice to cancel and issue you with a Returns Number. If goods are returned outside of this period or not in a suitable condition for resale as new and unused product a restocking fee of up to 25% of the product price paid may be charged.
5.4 All returns for refund must be in new stock condition with original boxes and all supplied accessories, documentation and software with product seals intact and not registered for warranty with the manufacturer.
5.5 Unless otherwise stated you will be responsible for carriage costs and insurance of all products returned for service or refund. Products shall be at your risk until actual receipt has been accepted by MCL MEDIA. It is your responsibility to ensure proof of safe and intact delivery of the products being returned.
5.6 If a product proves faulty within 28 days of receipt of order, we will work to resolve the problem as quickly as possible, providing you still have not completed the manufacturers warranty card. After 28 days or if the warranty card has been completed then your product will be returned direct to the Manufacturer’s appointed service centre.
5.7 We reserve the right to levy a charge for diagnostic and handling of up to £100 in the event the returned product is found to be ‘no fault found’. Return shipping costs both to us and back to you will be your responsibility.
6.1 We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered that is caused by any event or circumstance beyond our reasonable control including without limitation to, strikes, lockouts and other industrial disputes, Acts of God, fire, flood, or extreme weather or natural conditions.
7.1 Musical Cocktails Limited is a company registered in England. Company number 3311543 and VAT number GB 689880061.
7.2 All of our products and services are directed solely at customers from the United Kingdom mainland. We make no representation that any service or product offered by us is appropriate for use in any other locations. If you access our site, products or services from any other location you are solely responsible for ensuring the compliance with local laws should these be applicable.
7.3 If any part of these conditions is invalid, illegal or unenforceable (including any provision in which we exclude our liability to you) the validity, legality or enforceability of any other part of these conditions will not be affected. This Agreement shall be governed by and interpreted only in accordance with English law.
7.4 You submit to the English courts having exclusive jurisdiction in relation to disputes arising out of this Agreement.
Limitation of Liability
8.1 Nothing in this Agreement shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraudulent misrepresentation of MCL MEDIA.
8.2 You agree that MCL MEDIA shall not be liable for any direct loss or damage (including loss or damage which is reasonably foreseeable or occurs naturally in the course of things) resulting from any acts, failures, delays or omissions occurring on or in relation to those parts of the Internet not under MCL MEDIA’s direct control. These include, without limitation, damage for loss of business, non payment of sums due, loss of profits, business interruption, loss of reputation, loss of business information, or any other loss (even where MCL MEDIA has been advised of the possibility of such loss or damage).
8.3 Products are intended for use in the United Kingdom only and we cannot guarantee or confirm that the products comply with any laws, regulations or other standards applicable outside the United Kingdom. All products are sold in accordance with the manufacturer’s specifications and are subject to any qualifications, representations or instructions contained in the documentation associated with the products.
8.4 If you are a trade customer you agree that we will not be responsible to you or, in the event of you undertaking work for a third party, to any party, for the use or installation of any of our supplied products by you. Accordingly, you hereby agree to indemnify us against any liability associated with any claim or allegation for any failings in the installation or use of products that we supply.
9.1 This website and its content is copyright of Musical Cocktails Limited or its content providers. All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: You may print or download extracts for your own personal and non-commercial use. You may not, except with our written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
9.2 All brand names and logos are trade marks of their respective companies.
Disposal of Electrical and Electronic Equipment
10.1 The WEEE (2007) regulations set out a directive for reducing the amount of Electrical and Electronic waste by ensuring a network of WEEE recycling is available to Businesses and Consumers. As a Retailer / Distributor we are pleased to accept your Consumer use WEEE recycling on a like for like basis for products purchased from us. If you are a trade customer, you agree that the collection, recovery/treatment and disposal of non household Electrical or Electronic Equipment purchased from us will be your responsibility.
11.1 We now offer a free battery recycling scheme, if you would like us to recycle your old batteries for you please contact us on 01923 510103 or Email: email@example.com with your name, address, type and quantity of batteries you wish to recycle.
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