MSDVD – Terms and Conditions
Interpretation In these Terms: · “Buyer” means the person who accepts the Seller’s terms and conditions for the sale of the Goods or whose order for the Goods is accepted by the Seller; · “Goods” means the Goods (including any instalment of the Goods or any parts for them) which the Seller is to supply in accordance with these Terms; · “Seller” means MSDVD which is a division of Barrie Hinchliffe Productions Limited (registered in England under number 1529057) · “Terms” means the standard terms of sale set out in this document and (unless the context otherwise requires) includes any special terms agreed in writing between the Buyer and the Seller; · “Writing” and any similar expression, includes facsimile transmission, electronic mail or any comparable means of communication. · A reference in these Terms to a provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. · Working Days - By UK law "working day" means any day EXCEPT Saturdays, Sundays or an official UK bank holiday. · The headings in these Terms are for convenience only and shall not affect their interpretation. About Us
Our website is designed for ease of use, speed and security and we welcome your views on both the site and our service so please do give us your feedback. motorsportdvd.com is a web site set up by MSDVD, which is a division of Barrie Hinchliffe Productions Ltd
General Terms and Conditions
By using this web site and purchasing products from it, the Buyer agrees to these terms and conditions. These terms and conditions help to keep this website a safe place to trade and set out the agreement reached between the Buyer and Seller. Statutory rights are not affected. These terms and conditions shall be governed by and construed in accordance with English Law. Upon using the checkout facility the Buyer agrees that the details provided to the Seller for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card used is their own and that there are sufficient funds to cover the cost of the goods or services ordered. All goods remain the property of MSDVD until paid for in full.
No orders are accepted until they have been successfully processed. Once received, the order will be processed and dispatched as quickly as possible. This is usually within 2 working days; however it may be longer during very busy periods. The Seller reserves the right to cancel any order or part thereof if the product is unavailable for any reason. A refund will be made within 30 days. If a product is unavailable the Seller is under no obligation to do anything other than remove the product from the web site and refund the payment. Goods may only be returned by first obtaining a Returns Authorisation Number in line with the published returns procedure. This must be done within 7 days from the date of receipt of goods. All contracts and terms and conditions will be made in the English language only. The Seller cannot guarantee that www.msdvd.co.uk will be provided fault free and cannot undertake or warrant that the site will be free from defects. In the unlikely event that goods and/or services are faulty, liability is limited to replacement of product or if this is unavailable refund of the cost of the faulty product or service. The Seller may temporarily suspend www.msdvd.co.uk either partially or completely for any reason. It will restore www.msdvd.co.uk as soon as reasonably practicable after a suspension and will not be liable for any loss which may be incurred as a result of any such suspension. The Seller may vary these terms and conditions from time to time by posting revised terms and conditions on the web site. Continued use of the Site following posting of any changes will constitute acceptance of such changes. If the Buyer does not agree to the changes of these terms and conditions they must stop using this web site immediately other than to request that the account be closed via customer services. Except as expressly permitted by these terms and conditions, it is forbidden to copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilise any of the contents of this site. In particular users must not cache any of the contents for access by third parties nor mirror any content. Where there are links to other web sites not operated by MSDVD it does not imply any endorsement of the material contained on the sites or of the owners. All rights, including copyright, in the content of these web pages from time to time are owned or controlled for these purposes by MSDVD. All trade marks, names, and logos are the proprietary marks of MSDVD or associated companies. Marks identifying third parties are owned or licensed by those third parties or their associated companies. Nothing in these terms and conditions in any way confers on any party any licence or right under any trade marks, names or logos. These Terms and Conditions together with all sub-texts below and an order confirmation constitute the Contract. Force Majeure
The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller’s reasonable control. Without limiting the foregoing, the following shall be regarded as causes beyond the Seller’s reasonable control: · Act of god, explosion, flood, tempest, fire or accident; · War or threat of war, sabotage, insurrection, terrorism, · Acts, restrictions, regulations, bye-laws, prohibitions or · Import or export regulations or embargoes; · Strikes, lock-outs or other industrial actions or trade · Difficulties in obtaining raw materials, labour, fuel, · Power failure or breakdown in machinery. Payment methods
1 Debit/Credit Cards
Cards currently accepted are: VISA Credit Card
VISA Delta Mastercard Maestro (UK Maestro only) Switch Electron Regrettably payment cannot be accepted by American Express, Diners Club or any other card not listed above.
SagePay (formally Protx) processes all card payments (on behalf of the Seller) made by Buyers for a fee which is included in the price paid. The total price paid remains the same. 2 Cheque/ Postal Order
We can only accept cheques in UK Pounds Sterling and drawn on either a UK bank or an international bank with a UK presence. Payment Authorisation
If payment is declined it could be for a variety of reasons. For security purposes the Seller will not specify exactly what the problem is. However, any of the following could be wrong:
Delivery / Shipping
Standard delivery charge is £3.00 including VAT per delivery within the UK. European delivery charge is £5.00 including VAT per delivery. Europe is defined by Royal Mail as including the following countries: Albania, Andorra, Armenia, Austria (EU), Azerbaijan, Azores (EU), Balearic Islands (EU), Belarus, Belgium (EU), Bosnia Herzegovina, Bulgaria (EU), Canary Islands, Corsica (EU), Croatia, Cyprus (EU), Czech Republic (EU), Denmark (EU), Estonia (EU), Faroe Islands, Finland (EU), France (EU), Georgia, Germany (EU), Gibraltar (EU), Greece (EU), Greenland, Hungary (EU), Iceland, Irish Republic (EU), Italy (EU), Kazakhstan, Kosovo, Kyrgyzstan, Latvia (EU), Liechtenstein, Lithuania (EU), Luxembourg (EU), Macedonia, Madeira (EU), Malta (EU), Moldova, Monaco (EU), Montenegro, Netherlands (EU), Norway, Poland (EU), Portugal (EU), Romania (EU), Russia, San Marino, Serbia, Slovakia (EU), Slovenia (EU), Spain (EU), Spitzbergen, Sweden (EU), Switzerland, Tajikistan, Turkey, Turkmenistan, Ukraine, Uzbekistan and Vatican City State Worldwide delivery charge is £6.00 including VAT per delivery. Worldwide is anywhere not defined as UK or Europe above. All orders will be dispatched within 6 working days following our receipt of orders. All UK deliveries will be dispatched using Royal Mail’s 1st class and are subject to their delivery timescales. All European and Worldwide deliveries will be dispatched using Royal Mail’s Air Mail service. Timings are dependent on Royal Mail’s and their local agent’s timescales. In cases where a signature is required upon delivery and there is no one available to sign for the delivery, a card will be left with contact information on it so that a suitable day for re-delivery or collection can be arranged. If the goods are not collected in good time, they will be returned to the Seller and any costs incurred will be charged to the Buyer If goods arrive damaged or if there are items missing from the delivery the Buyer must either refuse delivery (clearly stating the goods are to be returned to sender) or note this on the Royal Mail’s (or local agent’s) delivery paperwork at the time of signing for the goods. Within seven working days contact the Seller in writing to notify the situation. Product Information
Although the Seller endeavours to ensure the accuracy of all information or images on this web site, the company, directors, employees or other representatives will not be liable for damages of any kind arising out of or in connection with the use of this site. The Seller reserves the right to change specifications without notice, although will endeavour to update the information on the web site as soon as possible. All trademarks are acknowledged as belonging to their respective holders. Prices
All product prices quoted are in UK Pounds Sterling and inclusive of VAT. Pricing and availability information is subject to change without notice. In the event that the price is incorrectly listed for any reason, the Seller reserves the right to refuse, cancel or refund any orders. Discounts and Promotional Prices
Any discount or promotional price may have its own separate terms and conditions. These will be available on the web site (usually by clicking on a web link relating to the discount or promotional price) or by requesting them in writing from customer services Discounted or Promotional products returned will be refunded at the discounted or promotional price. Warranty
All products supplied are covered by the terms and conditions of the original manufacturers' warranty. The warranty does not apply to defects resulting from improper or inadequate installation, use or maintenance; actions or modifications by unauthorised third parties or the customer; or accidental or wilful damage. The Seller accepts no liability for manufacturers' terms and conditions, warranties, or imposed conditions that a manufacturer may request with a given warranty. These terms and conditions do not affect Buyer’s statutory rights under the Sale of Goods Act 1979, Unfair Contract Terms Act 1977 or any amendment thereof, Consumer Protection (Distance Selling Regulations 2000). Failure by the Buyer to enforce at any time or for any period any one or more of the conditions shall not be a waiver of them or of the right at any time to enforce all of them. Right to Cancel / Distance Selling Regulations During the first seven working days after delivery Buyers have a cooling off period during which the contract may be cancelled and the goods returned. This gives the opportunity to view the goods to the same extent as if they were purchased from a shop i.e. by viewing the box/packaging and possibly its contents. If there are no seals or cellophane on the (outer) packaging the box may be opened and the contents inspected but the individual seals on any contents inside must not be broken and the product must not be used. (Please see the exception notes below specifically pertaining to software). If software is installed and/or registered there is no right to cancel the contract under the Distance Selling Regulations. The intention to cancel must be advised to the Seller in writing within 7 days of receipt of the goods. The goods must be returned in their original packaging and in their original condition. During the time between delivery and returning the goods the Buyer is obliged to take reasonable care of the goods and meet the cost of returning the goods. Within UK law, once the goods are returned and checked, but within 30 days of cancellation notice, the Seller will refund the purchase cost of the product(s) less the cost of postage and packaging, using the original payment method or cheque. The Consumer Protection (Distance Selling) Regulations 2000 are applicable only to sales to consumers, defined as "any natural person who is acting for purposes that are outside his or her business". Returns Policy
Consumers
In accordance with the Distance Selling Regulations Buyers have the right to cancel an order within the first seven working days after delivery. Please see the "Right to Cancel" section above for more information and the strict legal rules that apply to these regulations. For the purposes of the Distance Selling Regulations a consumer is defined as "any natural person who is acting for purposes that are outside his or her business". After the initial cooling off period the standard terms and conditions apply. Businesses
The standard returns policy as detailed below applies. In order to make a distinction between business and consumer transactions all orders placed with a business name in the billing/invoice address are assumed to be a business transaction. All customers There are strict rules for when goods can be returned but they do not affect statutory rights under the Sale of Goods Act 1979, Unfair Contract Terms Act 1977 or any amendment thereof, Consumer Protection (Distance Selling Regulations 2000). All goods Distance Selling Regulations notwithstanding the following rules apply for returning goods: THE ITEM IS DEAD ON ARRIVAL (DOA) = The product is non functional on delivery. It does not work at all. The repair, replacement or refund of the DOA product is at the supplier or manufacturer's discretion dependant on the individual warranty terms of the product and the manufacturer. In all cases of a DOA where notification is within three working days of the delivery of the product the Seller will attempt to obtain a new, replacement product on the Buyer’s behalf as part of the normal returns process but there is no guarantee of this. If notification is not within three working days of delivery the product will be classified as "faulty" (see below). THE ITEM IS/BECOMES FAULTY = The product does not work correctly or stops working correctly. Within one month of purchase a repair, replacement or refund of the product is at the Seller’s discretion. In most cases a replacement or repair will be carried out by the supplier/manufacturer. After one month from purchase up to the end of the warranty period the replacement, repair or refund of the product is at the supplier or manufacturer's discretion. At this point the manufacturer has the right to "repair" the product or replace it with a new or "refurbished" product. The Seller has no responsibility or liability in such cases. Outside of the warranty period the repair, replacement or refund of the product is at the supplier or manufacturer's discretion (usually in accordance with an Extended Repair Program or similar). In most cases the supplier, manufacturer or Seller has no responsibility or liability.
GOODS DO NOT "CONFORM TO CONTRACT = The product must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale). Terms and Conditions not withstanding, E&OE and without prejudice to the Sale of Goods Act the repair, replacement or (partial) refund of the product is at the Seller’s discretion. IN ALL CASES: Unless otherwise specified (by law) the cost of returning the items whether it be for a (part) refund, repair or replacement is the Buyer’s responsibility. Where a product is returned, it should be returned complete, in its original packaging and without obvious marks, dirt or damage (unless this occurred during delivery). If there are any items missing the Seller reserves the right to recover the costs of replacing the missing items from the Buyer. Where a product is not faulty/DOA and is returned opened with any seal broken no refund will be made. Where replacement or repairs are necessary they will usually be carried out by the relevant manufacturer or supplier and not by the Seller.
Where a refund is to be issued by the Seller, the correct completion of an RMA form and the successful return of the product in line with the Sellers guidelines must be complied with. All refunds will be issued as soon as possible but, by law, within 30 days from the Seller receiving the return request/correctly completed RMA form. If free delivery was given on an order and by returning one or more products, the balance of goods received is subsequently below the free delivery qualifying amount, the standard cost of delivery will be deducted from the refund amount.
Where an extra delivery charge has been applied (for quicker delivery or delivery outside the standard delivery area) and goods are subsequently returned under the Distance Selling Regulations, the maximum amount of delivery that will be refunded is the standard delivery charge in force at the time In cases where a product is returned due to an incompatibility with a Buyers system or the inability of the product to meet a specific requirement that is outside the scope of the product's original intended use (including cases/skins/sleeves that do not fit the product it is intended for as stated on the product's description page or products that are a specific colour and are 'not liked' because of the actual colour when received), either of which could have been verified before the order was placed, the cost of delivery will be deducted from the refund amount. RMA = Return Merchandise Authorisation Security
MSDVD uses industry standard practices and technologies including, but not limited to, Secure Socket Layers, data encryption and firewalls. However, information transferred over the Internet cannot be guaranteed to be completely 100% secure. Therefore, several different security techniques are employed to protect such data from unauthorised access by users inside and outside the company. The Seller cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. At the time of "checkout" Buyers should check that the web browser has established a "secure connection" to the Seller’s server. This is usually in the form of a padlock symbol/icon in one of the corners of the web browser window (dependent on the web browser being used).
Fraud
It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted. The Seller tracks the electronic "fingerprints" of every order placed on MSDVD to enable all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on the website. Any fraudulent activity will be fully investigated in conjunction with the relevant law enforcement departments. Minors
The MSDVD website is not intended for minors. Visitors under the age of 15 may only submit personal information or browse the site with the supervision of a parent or guardian. Orders will not be accepted from minors (i.e. those people under the age of 18). Privacy Policy
www.msdvd.co.uk is owned and operated by MSDVD, registered in the UK by law. All reasonable care is taken to comply with the requirements of the UK Data Protection Act 1998 relating to the personal information supplied on this web site. YOUR PERSONAL INFORMATION - The personal information gathered could include name, delivery address, email address, mobile/home telephone number and personal preferences. This information is gathered at the time of registration. By completing the registration process, you accept these Terms and Conditions. Personal information is transferred and stored securely. If any of this information changes or is incorrect Buyers can log on to accounts and update information. At the time of registering or updating personal information Buyers will also be given the opportunity to request/decline marketing emails such as newsletters. However, they may continue to receive mailings for a short period while the change of preference is being processed. Personal contact details may be used to notify Buyers about important functionality changes and alterations to the web site such as major changes to terms and conditions. The primary use of the personal information gathered is to process orders and to provide a personalised online shopping experience at any of the BHP sites. Unless required by law, personal information will not be supplied to any third parties without consent. We do not currently sell, trade or rent personal information to other parties. However, in the future we may choose to do so with trusted third parties. In this event, only Buyers who have expressly consented that their personal information can be passed to third parties will be included. Individuals have the right to ask for a printed copy of personal information on payment of a fee of £10 plus VAT. Because links are provided to other web sites it is recommended that Buyers view the privacy policies of those web sites as they are not governed by this Privacy Policy. COOKIES
We may use technology to track the patterns of behaviour of customers to our web site. This will include cookies, which are stored on customer’s computers. Therefore information and data may be automatically collected through the use of these cookies. Cookies are small text files that our web site can use to recognise repeat customers. Most popular web browsers usually have the ability to prevent the computer storing cookies but if this is enabled, the site will not allow purchases to be made as it will not maintain a shopping cart. Because links are provided to other web sites users should note that those web sites may use their own cookies. We have no access to, or control over those cookies. CHANGES TO THE PRIVACY POLICY
MSDVD may vary this Privacy Policy from time to time by posting a revised Privacy Policy on the website. Your continued use of the site following MSDVD's posting of any changes will constitute acceptance of such changes. If you do not agree to the changes of this Privacy Policy then you must stop using this web site immediately other than to request your account be closed via customer services. Contact Details
Please contact us by email, by post, by phone or by completing the contact form below. SALES Telephone: +44 (0)845 053 0323 Email: enquiries@msdvd.co.uk ADDRESS
MSDVD
20 Maryland Road Please note that this address is purely a contact address. You cannot pick goods up from here, no stock is held here, it is not a warehouse or shop.
Company Registration Number = 1529057 VAT Registration Number = GB 371 1251 85 |
Terms & Conditions