TERMS AND CONDITIONS OF TRADE FOR DJ STORE, A TRADING DIVISION OF BLINDING LIGHT
“Customer” means any person whomsoever who orders Products online and engages DJ Store to supply the Products online and shall include any officer, employee or agent of the Customer as the case may be;
“GMT” means Greenwich Mean Time;
“DJ Store” means a trading division of Blinding Light;
“Products” means the supply to Customers by DJ Store of disc jockey equipment and related items;
“these Terms” mean these terms and conditions.
1.2 The singular includes the plural and vice versa and any gender includes all genders
1.3 The clause headings are inserted for ease of reference only and shall not affect the interpretation or construction of these Terms.
2. SCOPE OF THESE TERMS AND FORM OF AGREEMENT
2.1 These Terms shall govern any or all contracts or agreements entered into between DJ Store and the Customer and shall prevail over any terms put forward by the Customer, unless DJ Store expressly agrees to them in writing. No conduct either on the part of DJ Store, its officers, employees or agents shall be deemed to constitute acceptance of any terms put forward by the Customer.
2.2 No employee or agent of DJ Store has any authority to vary either these Terms either orally or in writing. No addition to or variation of these Terms shall be binding upon DJ Store unless agreed in writing and signed by an authorised representative of DJ Store.
2.3 DJ Store will not accept any amendments by the Customer to these Terms. DJ Store may change these Terms from time to time without notice to the Customer. Changes will apply to any subsequent orders received.
2.4 The Customer shall not at any time whatsoever make use of or disclose for his own benefit or for or to or on behalf of any other person, firm or company, any confidential information which he now possesses or may posses relating to the business of DJ Store or its affairs or of any suppliers, customers or other persons having dealings with DJ Store and shall use his best endeavors to prevent the publication or disclosure of any such confidential information.
3A ORDERING OF PRODUCTS
3A.1 When placing an order for any Product, the Customer shall state, specifically, which Products the Customer desires to purchase and shall also at the same time confirm to DJ Store, at their own risk, their home address, telephone number (including STD Code), delivery requirements and selected payment method including credit card details together with such other details that may be requested at that time from the Customer by DJ Store.
3A.2 Any orders received by DJ Store after 1.30 pm GMT shall be deemed by DJ Store to be received the following day.
3A3 The Customer can check the status and progress of his order at any time by logging on to DJ Store’s ‘your account’ section.
3A.4 All orders are made subject to acceptance by the Customer of these Terms.
3A.5 Fulfillment of any order for Products is subject to stock availability and acceptance by DJ Store of the Customer’s order. DJ Store is under no obligation to fulfill any Customer order.
3A.6 DJ Store use the technology of secure socket layers which has the effect of encrypting details recovered from the Customer and to protect the Customer’s credit card details and any other Customer data which is imparted online to DJ Store. DJ Store also uses all reasonable endeavors to ensure compliance with the Data Protection legislation in force from time to time. Every reasonable effort will therefore be made by DJ Store to keep details of a Customer’s order and payment details secure. DJ Store will not release any credit card or financial information of a Customer without the Customer’s consent. For the avoidance of doubt, in the event the Customer suffers any financial loss as a consequence of providing credit card details and the like online, DJ Store shall have no liability to the Customer whatsoever.
3B DELIVERY OF THE PRODUCTS AND RISK
3B.1.1 When the Products are available for delivery, DJ Store will give the Customer notice in accordance with these Terms and arrange for the Products to be delivered to the Customer pursuant to the Customer’s requirements as specified to DJ Store in terms of Clause 3A.1.
3B.1.2 Risk as regards all loss or damage to the Products shall pass to the Customer when DJ Store notifies the Customer that the Products are available for delivery, pursuant to Clause 3B.1.1.
3B.1.3 If the Products are lost or damaged due to any act, error, omission or neglect on the part of any carrier/courier, DJ Store shall use its best endeavours to replace the Products with an identical or similar model as soon as reasonably practicable on being notified of such loss or damage.
3B.1.4 Delivery can only be made to mainland UK and Northern Ireland addresses.
3B.2 The date and time for delivery of any Products in accordance with these Terms is not a contractual commitment, but an estimate only and in the event that the Customer incurs loss as a direct consequence of the late delivery of any Products DJ Store shall not be liable to compensate the Customer for any loss suffered. DJ Store will however make every reasonable effort to deliver the Products to the Customer on time. For the avoidance of any doubt, DJ Store will not be liable to compensate the Customer for any loss of anticipated profits, damage to the Customer’s reputation or goodwill, loss of expected future business, damages, costs or expenses payable by the Customer to any third party, or any other indirect or consequential losses whatsoever.
3B.3 Products are not delivered on a trial basis. The Customer shall upon receipt inspect the Products and if the Products conform to the Customer’s contract specifications, the Customer, or if not aged 18 or over, an adult aged 18 or over shall sign the delivery note accepting the Products.
If the Products do not conform to the Customer’s contract specifications, the Customer must notify DJ Store of any shortages, defects in the Products or any other complaint in respect of them within twenty-eight working days from the date of receipt. If DJ Store delivers less than the contract quantity, DJ Store shall use their best endeavours to make good the shortfall to the Customer, subject to stock availability, within 48 hours or in the absence of such stock within seven to ten working days of being notified of the shortfall by the Customer, all at the cost of DJ Store. If DJ Store delivers more than the contract quantity, the Customer shall either accept and pay for the quantity actually delivered or accept the contract quantity and return the excess Products to DJ Store forthwith upon demand by DJ Store, all at the cost of DJ Store. If any Products are proven to be defective and such defects are notified to DJ Store within twenty eight working days the Product or part thereof shall be replaced by DJ Store within three working days if stock is available or where a replacement is unavailable, the Customer shall be offered an equivalent but not identical piece of equipment, or DJ Store shall offer the Customer a full refund, within thirty days, of the price paid for the Product. If the Customer fails to comply with its obligations in terms of this clause, DJ Store shall be under no legal liability in respect of any alleged defect, shortfall or complaint.
3B.4.1 DJ Store reserves the right not to (except where the Customer undertakes to indemnify DJ Store in full in respect of any costs incurred by DJ Store) accept the return of the Products from a Customer unless the Customer notifies DJ Store of the relevant returns number and the Products are returned to the Customer in their original condition and state of repair, are in full working order and are either proven to DJ Store to be defective or DJ Store acknowledge to the Customer that DJ Store have delivered the wrong Products to a Customer. In such circumstances the costs of returning the Product shall, unless DJ Store states otherwise, be borne by DJ Store.
3B.4.2 DJ Store shall not accept the return of any sealed audio or video recordings or computer software which has been subsequently opened by the Customer.
3B.5 DJ Store shall be entitled to deliver the Products by instalments and the Customer shall accept delivery of the Products by way of instalments. In the event that one or more instalments of the Products are proven to DJ Store to be defective, the Customer shall be entitled only to reject the Products which are proven to DJ Store to be defective and shall not be entitled to terminate these Terms and any contract concluded upon these Terms between DJ Store and the Customer, in respect of the remaining instalments to be delivered.
3B.6 Customers may, at the discretion of DJ Store, be able to place an order for Products which are not yet available for delivery not earlier than six months prior to the date when such products are either due to be manufactured, or imported to the United Kingdom. The Customer shall not be required to pay for the Products until the Products are available to be delivered to the Customer.
4 PAYMENT OF PRICE
4.1.1 All prices quoted by DJ Store to the Customer are in pounds sterling and shall be inclusive of Value Added Tax at the applicable rate from time to time, but exclusive of delivery charges, details of which may be obtained by the Customer on the DJ Store website.
4.1.2 DJ Store accepts, as a method of payment the following:-
Mastercard, Visa, Solo, Switch , Delta and JCB. DJ Store also accepts cheques and direct bank transfer.
4.2 Save as agreed between DJ Store and the Customer, the Customer will pay all sums due under these Terms in full before the Products are delivered to the Customer.
4.3 Prices are subject to change without notice.
4.4 The Customer’s obligations under the terms of Clause 4 shall not be satisfied until DJ Store is in the receipt of cleared funds.
4.5 Unless as part of any scheme or arrangement operated by DJ Store, DJ Store shall not offer any Customer any discounts and the Customer shall pay all monies due to DJ Store under these Terms without any discount, deduction, set-off or abatement on any grounds.
5.1 Any or all statements, recommendations, advice and opinions made or expressed, including any statements referred to or contained, in any DJ Store website, email correspondence, online chat sessions, newsgroups, brochures, catalogues, correspondence and the like are made or expressed in good faith and on the basis of information available to DJ Store at the time. No statement, recommendation, advice or opinion or any other communication whatsoever is deemed to be a representation, undertaking, warranty, guarantee or contractual obligation on the part of DJ Store and DJ Store will not be liable to compensate the Customer for any loss of anticipated profits, damage to the Customer’s reputation or goodwill, loss of expected future business, damages, costs or expenses payable by the Customer to any third party, or any other indirect or consequential losses whatsoever incurred by the Customer following reliance upon the same.
5.2 Where DJ Store delivers any Products to a Customer which have been supplied via a third party, DJ Store shall not be liable to the Customer for any losses suffered by the Customer as a result of the Products proving to be defective and in such event, DJ Store’s liability shall be in accordance with clauses 3B.3, 3B.4.1 and 3B.4.2.
5.3 The aggregate liability of DJ Store in respect of any liability to the Customer under these Terms shall be limited to the value of the Products provided by DJ Store to the Customer under these Terms at any one time.
6. FORCE MAJEURE
6.1 If performance of DJ Store’s obligations are delayed or hindered by circumstances outside DJ Store’s control amounting to force majeure the following provisions shall apply:-
6.1.1 DJ Store will as soon as reasonably practicable give the Customer notice of the reasons for the delay or hindrance. However, failure to give such notice will not prevent DJ Store relying on the remaining provisions of this clause, and DJ Store will incur no liability for failure to give such notice.
6.1.2 DJ Store’s duty to deliver the Products shall be suspended for as long as the circumstances amounting to force majeure continue, and the time for performance of DJ Store’s obligations shall be extended by a period equal to the duration of those circumstances.
Any question concerning the construction, meaning or effect of these Terms, or any dispute concerning the rights or liabilities of the parties under these Terms shall, unless resolved between DJ Store and the Customer, be referred to arbitration, which DJ Store and the Customer acknowledge shall be governed by the Arbitration Act 1996.
Any notice required to be given by any party hereto to the other shall be deemed validly served if served by:-
(a) prepaid registered letter post to the registered office and trading addresses of the recipient or such other address as may from time to time be notified in writing for this purpose; or
(b) personal delivery by hand; or
(c) by facsimile transmission;
(d) by electronic mail,
and in the case of service upon DJ Store shall be marked “Private and Confidential” and for the attention of the Operations Manager. Any notice so served shall be deemed to have been served:-
(i) in the case of (a) above forty-eight hours after posting the same; or
(ii) in the case of (b) above upon delivery; or
(iii) in the case of (c) above upon transmission; or
(iv) in the case of (d) above within forty eight hours.
In proving service it shall be sufficient to prove that the notice was properly addressed and posted, or that delivery took place, or that the notice was faxed or emailed to the then correct facsimile number or email address of the party.
Each provision of these Terms shall be construed separately and (save as otherwise expressly provided herein) none of the provisions hereof shall limit or govern the extent, application or construction of any one of them and notwithstanding that any provision of these Terms may prove to be illegal or unenforceable the remaining provisions of these Terms shall continue in full force and effect.
No waiver by any party of any of the requirements hereof or of any of their rights hereunder, shall be effective unless given in writing and signed by or on behalf of that party and no forbearance, delay or indulgence by any party in enforcing the provisions of these Terms shall prejudice or restrict the rights of that party nor shall any waiver by any party of any of the requirements hereof or any of its rights hereinafter release any other party from full performance of their obligations stated herein.
11. INTELLECTUAL PROPERTY
The Customer shall not be entitled to use or copy the trademarks, “DJ Store”, “DJ Store” or “Blindinglight” any other trade marks or trade names used by DJ Store or copyright works or any other intellectual property either registered, owned or used by DJ Store without the prior written consent of DJ Store. The contents of DJ Store website including all images, text and sounds thereon, unless otherwise specifically stated, are the exclusive intellectual property of DJ Store.
12. APPLICABLE LAW
These Terms shall be construed and receive effect in accordance with the law of Scotland and DJ Store and the Customer agree to prorogate the exclusive jurisdiction of the Scottish Courts.