These general terms and conditions of sale ("General Terms and Conditions of Sale") apply to any order you place through the Forsyth website at www.Forsyths.co.uk (the "Website"). You must read these General Terms and Conditions of Sale carefully. By placing an order through the Website, you confirm that you have read, understood and agree to these General Terms and Conditions of Sale in their entirety. If you do not agree to these General Terms and Conditions of Sale in their entirety, you must not order any product or service through the Website.
Website Terms and Conditions
Product and Service Descriptions
All of our prices, descriptions and shipping charges are reviewed regularly and we endeavour to ensure that prices and descriptions quoted on the Website are correct and fairly described. However, please note that:
•orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on this Website; In the event of an error in the product information we will notify you of this immediately. In the event that a price or shipping charge is incorrectly displayed, we will offer you the product/service at the correct price or a full refund. We are not under an obligation to honour an incorrect price.
•all prices are displayed in Pounds Sterling (GBP) inclusive of UK VAT (where applicable), at the current rate of 20%. VAT is payable by all customers within the EU. We do not take any responsibility for any import taxes, customs charges or administration fees payable on order made outside of the EU. It is the customers responsibility to cover all such charges.
•packaging may vary from that shown on the Website. Images are for illustrative purposes only and we cannot be held responsible for differences in the manufacturer's imagery and the actual product.
•the weights, dimensions and capacities shown on the Website are approximate only;
•whilst we try to display the colours of our products accurately on the Website, the actual colours you see will depend on your monitor and we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery
•all items are subject to availability. We will inform you as soon as possible if the product(s) or service(s) you have ordered are not available and we may offer alternative product(s) or service(s) of equal or higher quality and value.
•the cost of delivery will be shown at the point of order but we reserve the right to change this in circumstances where the charge is incorrect. All deliveries are dispatched using Royal Mail or Interlink Direct.
Occasionally, the supply of your product(s) or service(s) may be delayed or prevented for reasons beyond our control – for example, material shortages, import delays or higher than anticipated demand. Where this is the case, we will, of course, make every effort to keep you informed but shall be under no liability to you for such delay or failure.
Your Right to Cancel
If you are a UK/EU consumer, you have the legal right, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to cancel your order within fourteen days following your receipt of the goods or the date on which we begin provision of the services. Refunds for orders cancelled under the provisions of the Consumer Contracts Regulations will be processed in accordance with your legal rights. For further information about your statutory rights, contact your local authority Trading Standards department or consumer advice centre (for example the Citizen’s Advice Bureau if you are in the UK).
If you wish to cancel (or are considering cancelling) a product or service you have ordered from us, please be aware of the following terms that apply:
•Applicability of cancellation rights: Legal rights of cancellation under the Consumer contracts Regulations available for UK or EU consumers do not apply to certain products and services (for example, made to measure orders, flowers, plants, food, gifts and personalised items);
•Damaged or incorrectly supplied products: You should check all products you receive against your order. If the products you receive are damaged or incorrectly supplied on delivery then you must note the details of any damage or error in supply on the delivery documentation or if you are unable to view the items on receipt, you must inform us (by post, phone or e-mail only) within a reasonable period of time. You must return the products to us as soon as possible after informing us that the products are damaged or have been incorrectly supplied.
•Other cancelled products: If you want to cancel products that are not damaged or incorrectly supplied, then you must inform us of this within fourteen days following the date of receipt in accordance with the Consumer Contracts Regulations or otherwise as soon as possible. You must take reasonable care of the products that you wish to cancel and not use them. Products should be returned in their original packaging and original condition.
This is not intended to be a full statement of all your rights under theConsumer Contracts Regulations or Distance Selling Regulations. Full details of your rights under the Regulations are available in the UK from your local Citizens’ Advice Bureau or your Local Authority’s Trading Standards Office.
Damage during the course of returning products: If you choose to return any products to us, we will not be responsible for any loss or damage to them in transit and, for this reason, we recommend that you use a recorded delivery service. If returned products are lost or damaged in transit, we reserve the right to charge you (or not to refund any amounts attributable to) such loss or damage.
Collection: For certain, larger products, we may offer to arrange collection on your behalf and, where this is the case, you will be responsible to pay the costs of such collection (which we will notify to you in advance).
If you cancel your order in any of the circumstances set out above save for cancellation under the provisions of the Consumer Contracts Regulations, we will refund any money paid by you after any products, which have been delivered to you, are returned to us. In the case of damaged or incorrectly supplied goods, we may offer you a replacement product. Any refunds given by us will be made via Paypal to the debit/credit card account provided when you placed your order and will be subject to our right to withhold amounts for products which are damaged on return or for which we arrange collection, as outlined above.
Where we deliver products to a third party in accordance with your order, you will only be able to exercise this cancellation right if you can return the goods to us (or arrange for us to collect them).
All goods are supplied with a 12 month manufacturer's warranty unless specified otherwise. All pre-owned items carry a 90 day warranty. Perishable items, such as but not limited to Amplifier valves, carry a 90 day warranty.
Any extended warranty offered by any manufacturer must be arranged by the customer. We are not responsible for organising such warranties. We can provide additional receipts upon request.
Our 'Goodwill' Refund Policy
Our “goodwill” returns’ policy does not affect your legal rights under the Consumer Contracts Regulations or other legislation. Any “goodwill” refund or exchange (where there is no legal right to a refund or exchange under the Consumer Contracts Regulations or otherwise) may be offered on certain goods, in certain situations, when goods are returned in a resalable condition with a receipt or parcel summary document within 35 days of purchase.
When agreed and items are returned by post, the credit adjustment is made to the credit or debit card used as payment for the original order. Gift items will be refunded as a dated credit receipt or gift voucher.
If we agree that you may return any products to us, we will not be responsible for any loss or damage to them in transit and, for this reason, we recommend that you use a recorded delivery service. If returned products are lost or damaged in transit, we reserve the right to charge you (or not to refund any amounts attributable to) such loss or damage.
There are certain liabilities, which we cannot exclude by law and nothing in these General Terms and Conditions limits our liability for personal injury or death caused by our negligence or for fraud.
You have certain rights as a consumer, including legal rights relating to faulty or misdescribed goods. For further information about your legal rights in the UK, contact your local authority Trading Standards Department or Citizen’s Advice Bureau. Nothing in these General Terms and Conditions will affect these legal rights and, in particular, we will perform our obligations under these General Terms and Conditions with reasonable care and skill.
Any products we supply to you will be of satisfactory quality. If we deliver a product to you that is not of satisfactory quality, you can contact us for a repair or replacement or, where this is not possible, for a refund.
We are only responsible for losses that are a natural, foreseeable consequence of our breach of these General Terms and Conditions. We will not be liable to you if we are prevented or delayed from complying with our obligations under these General Terms and Conditions by anything you (or anyone acting on your behalf) does or fails to do or due to events, which are beyond our reasonable control.
You must follow any advice we give you to keep products we supply to you safe (including any instructions or product manuals provided with the products). We cannot accept liability for damage to products we have supplied, which is caused by your failure to follow this advice.
In any event, we will not be liable for any losses related to any business of yours including (without limitation) lost data, lost profits, lost revenues or business interruption.
We do not store credit card details nor do we share customer details with any 3rd parties.
Any data we collect from you is securely encrypted using industry standard 128-bit encryption Secure Socket Layer (SSL) certificates.
Other Important Terms
We may update or amend these General Terms and Conditions of Sale from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website.
These General Terms and Conditions of Sale supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written or otherwise.
You may not assign or sub-contract any of your rights or obligations under these General Terms and Conditions of Sale to any third party unless we agree in writing.
We may assign, transfer or sub-contract any of our rights or obligations under these General Terms and Conditions of Sale to any third party at our discretion.
No relaxation or delay by us in exercising any right or remedy under these General Terms and Conditions of Sale shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
If any of these General Terms and Conditions of Sale are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these General Terms and Conditions of Sale shall remain in full force and effect.
Only you and we shall be entitled to enforce these Terms of Sale. No third party shall be entitled to enforce any of these Terms of Sale, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
These General Terms and Conditions of Sale are governed by English law. In the event of any matter or dispute arising out of or in connection with these General Terms and Conditions of Sale, you and we shall submit to the exclusive jurisdiction of the English courts.