Terms & Conditions
Terms & Conditions - Last updated 01/05/18
IMPORTANT: Please note that these terms and conditions only apply if you are
buying products from us as a consumer. Business/Trade Customers are subject to
our trade terms and conditions which can be accessed via Terms and Conditions- Business and Trade Users
- Business customers are those who sign up with a business/company name
This page (together with our returns policy and any other documents
referred to on this page) tells you the terms and conditions (terms) on which
we supply any of the products (products) listed on our website cctvempire.co.uk.
Please read these terms carefully before ordering any products from our site.
You should understand that by ordering any of our products, you agree to be
bound by these terms. You should print a copy of these terms for future
reference.
By clicking the button marked ‘checkout’ you accept the Terms. Please
understand that if you refuse to accept these Terms, you will not be able to
order any Products from our Site.
- General
- 1.1
The Site is operated by CCTV Empire
Ltd (we). We are registered in England and Wales under company number 08047515
and with our registered office at Unit 14 Sandbrook Business Park, Sandbrook Way, Rochdale, OL11 1RY. Our main trading address is as above. Our VAT number is GB136529406.
- 1.2
In these Terms, the following rules
apply:
- 1.2.1
A person includes a
natural person, corporate or unincorporated body (whether or not having
separate legal personality).
- 1.2.2
A reference to a
party includes its personal representatives, successors or permitted assigns.
- 1.2.3
A reference to a
statute or statutory provision is a reference to such statute or provision as
amended or re-enacted. A reference to a statute or statutory provision includes
any subordinate legislation made under that statute or statutory provision, as
amended or re-enacted.
- 1.2.4
Any phrase
introduced by the terms including, include, in particular or any similar
expression shall be construed as illustrative and shall not limit the sense of
the words preceding those terms.
- 1.2.5
A reference to
writing or written includes faxes and emails.
- Use
of the Site and Service availability
- 2.1
Your use of the site is governed by
our Terms of Website Use.
Please take the time to read these terms, as they include important terms which
apply to you.
- 2.2
Our site is only intended for use by
people resident in the United Kingdom (mainland and Northern Ireland only) and
we reserve the right to not accept orders from individuals residents elsewhere.
- Your
status
By placing an order for products
through our site (Order), you warrant that:
- 3.1
you are legally capable of entering
into binding contracts;
- 3.2
you are at least 18 years old;
- 3.3
you are resident in the United
Kingdom;
- 3.4
you are accessing our site from the
United Kingdom; and
- 3.5
if you are purchasing digital
downloads from our site, you will download such products from the United
Kingdom.
It is a crime to use a false name or
a known invalid payment method to place an order. We may track every order
placed on our site to enable us, and all legitimate crime prevention and
prosecution authorities, to trace individual users engaging in criminal
activities on or using our site.
- How
the Contract is formed between you and us
- 4.1
After placing an Order, you will
receive an email from us acknowledging that we have received your Order. Please
note that this does not mean that your Order has been accepted. Your Order
constitutes an offer to us to buy a Product. All Orders are subject to
acceptance by us, and we will confirm such acceptance to you by marking your
order as shipped (order confirmation) The contract between us (Contract) will
only be formed when we send you the order Confirmation.
- 4.2
The Contract will relate only to
those Products we have confirmed in the order confirmation. We will not be
obliged to supply any other Products which may have been part of your order
until the acceptance of such Products has been confirmed in a separate order
Confirmation.
- 4.3
Any drawings, photographs or
advertising we issue, and any photographs or illustrations contained on our
Site, are issued or published solely to provide you with an approximate idea of
the Products shown. There may be slight variations between these photographs or
illustrations and the Products which you receive. Full detailed specifications
are available from the manufacturer's brochures or their websites. We will
supply the product as supplied to us by the manufacturer.
- 4.4
If any of these Terms conflict with
any term of the Order, these Terms will take priority.
- 4.5
We shall assign an order number to
the Order which you can view in your order history. Please quote the order
number in all subsequent correspondence with us relating to the Order.
- 4.6
If we are unable to supply you with
Products, for example because those Products are not in stock or are no longer
available, we will inform you of this by email and we will not process your
Order. If you have already paid for the Products, we will refund you the full
amount as soon as possible.
- Your
right to cancel
If you wish to return a Product which
is faulty please refer to clause 9.
- 5.1
You can cancel an Order at any time
before you receive your Order Confirmation. After your Order Confirmation is
received, subject to clause 5.3, you have a legal right to cancel an Order
which begins on the date of the order confirmation and ends 14 days following
the day after you receive your Products. This means that during this period if
you change your mind or for any other reason you decide you do not want the
Products, you can notify us of your decision to cancel the Order and receive a
refund.
- 5.2
To cancel a Contract, you must inform
us in writing in one of the following ways:
- -
Phone or email. Call us on 01706 646000 or email us at sales@cctvempire.co.uk.
Please provide your name, home address, details of the Order and, where
available, your phone number and email address.
- -
By post. simply write to us as at our registered address, including the
information required above. We will need to receive this within the
cancellation period.
- 5.3
You will not have any right to cancel
a Contract for the supply of any of the following Products:
- 5.3.1
Product(s) have been
manufactured ordered or purchased by CCTV Empire, to meet the Buyer’s
requirements or;
- 5.3.2
where a special price
has been negotiated with the Buyer.
- Availability
and delivery
- 6.1
Your Order will be fulfilled by the
delivery date set out in your order confirmation or dispatch email or, if no
delivery date is specified, then, subject to clauses 6.3 and 6.5, within 30
days of the date of the order confirmation. We ask that you inform us if you
have not received your Products within seven days of the delivery date.
- 6.2
Delivery will take place when we deliver
the Products to the address specified in your Order. Unfortunately, we may not
be able to change the delivery address after your order has been dispatched. If
you wish to change the delivery address after your Order has been dispatched
and if we are able to process the change, a charge of up to £10 will be made (a
redirection approval is subject to your order and account status).
- 6.3
Orders placed before the specified
cut off time will be processed the same day and will be delivered in accordance
with your delivery request providing further security checks are not required
and all of the Products are available.
- 6.4
If our supply of the Products is
delayed by a Force Majeure Event (see clause 14) then we will contact you as
soon as possible to let you know and we will take steps to minimise the effect
of the delay. Provided that we do this, we will not be liable for delays caused
by the Force Majeure Event but if there is a risk of substantial delay, you may
contact us to end the Contract and receive a refund.
- 6.5
Someone will need to be present at
the delivery address to accept the Order. If no one is available at your
address to take delivery, we will leave you a note informing you of how to
rearrange delivery or collect the Products from a local depot.
- 6.6
If, after a failed delivery to you,
you do not re-arrange delivery or collect them from a delivery depot we will
contact you for further instructions and may charge you for any further
delivery costs. If, despite our reasonable efforts, we are unable to contact
you or re-arrange delivery or collection we may end the Contract and refund any
money which you have paid. We reserve the right to deduct our reasonable costs.
- 6.7
You have legal rights if we deliver
any Products late. If, subject to clause 6.4, we miss the delivery deadline for
any Products and if any of the following apply then, unless we agree otherwise
with you, you may treat the Contract as at an end straight away:
- 6.7.1
we have refused to
deliver the Products;
- 6.7.2
delivery within the
delivery deadline was essential (taking into account all the relevant
circumstances) or you told us before we accepted your Order that delivery
within the delivery deadline was essential.
·
6.8
We shall not be liable for any
non-delivery of Products (even if caused by our negligence) unless you give
written notice to us of the non-delivery within 2 working days of the date when
the Products would in the ordinary course of events have been received.
- Risk
and title
- 7.1
The Products will be at your risk
from the time of delivery.
- 7.1
Ownership of the Products will only
pass to you when we receive full payment of all sums due in respect of the
Products, including delivery charges.
- Price
and payment
- 8.1
The price of any Products will be as
quoted on our Site from time to time, except in cases of obvious error (please
refer to clauses 8.4 and 8.5 below).
- 8.2
These prices include VAT but exclude
delivery costs, which will be added to the total amount due as set out in our
Delivery Information
- 8.3
Prices are liable to change at any
time, but (other than in the case of: incorrect pricing where clause 8.4 will
apply; or an obvious pricing error where clause 8.5 will apply) changes will
not affect orders in respect of which we have already sent you an order
Confirmation.
- 8.4
Our Site contains a large number of
Products and it is always possible that, despite our best efforts, some of the
Products listed on our site may be incorrectly priced. We will normally verify
prices as part of our dispatch procedures so that, where a Product’s correct
price is less than our advertised price or the amount stated in your order
Confirmation, we will charge the lower amount when dispatching the Product to
you. If a Product’s correct price is higher than the price stated on our Site /
on the order confirmation, we will contact you for instructions before
dispatching the Product.
- 8.5
We are under no obligation to provide
the Product to you at the incorrect (lower) price, even after we have sent you
an order Confirmation, if the pricing error is obvious and unmistakeable and
could have reasonably been recognised by you as a mis-pricing.
- 8.6
We accept payment by Visa, Visa
Electron, Mastercard, Maestro or Paypal. We shall not dispatch any Products
until we receive cleared funds. Please be aware that if you are using Paypal as
your payment method we reserve the right not to ship to unconfirmed addresses.
- 8.7
Your credit/debit card are never
passed to our servers – your card details are entered via either paypal or
worldpay. Please refer to our privacy policy for more details. Authority for
payment must be given at the time of order. If there is a problem taking
payment for all or part of your order, we may contact you by telephone or
email.
- Your
right to reject the Products / if the Products are faulty
- 9.1
If you have any questions or
complaints about the Products, please contact us. You can contact us by
telephoning our team on 01706 646000, by writing to us at CCTV Empire Ltd, Unit 14 Sandbrook Business Park, Sandbrook Way, Rochdale, OL11 1RY or via email.
- 9.2
The statutory rights summarised below
are in addition to any manufacturer’s warranty which is offered with your
Products, such warranties will vary from Product to Product.
This is a summary of your key legal
rights. These are subject to certain exceptions. For detailed information
please visit the Citizens Advice website www.adviceguide.org.uk.
The Consumer Rights Act 2015 says
goods must be as described, fit for purpose and of satisfactory quality. During
the expected life of your goods your legal rights entitle you to the following:
- -
up to 30 days: if your item is not as described, not fit for purpose or
not of satisfactory quality, then you can get a refund;
- -
up to six months: if a faulty item cannot be repaired or replaced, then
you are entitled to a full refund, in most cases; and
- -
if you experience a fault after six months, you may still be entitled to
a repair or replacement, or, if that does not work, some of your money
back. This will depend on the expected life of your product and the duration
of the manufacturer’s warranty; and will only apply for a maximum of six
years.
- 9.3
For more information about returning
Products, see our Returns Policy.
- Repairs,
replacements and refunds
- 10.1
When you return a Product to us:
- 10.1.1
because you have
cancelled the Contract between us within the 14 day cooling-off period, we will
process your refund in accordance with clause 5.2;
- 10.1.2
for any other reason (for instance, because the Product has become defective) we will examine the returned Product and, if you are entitled, we will either repair or replace the Product. We will usually process your repair or replacement as soon as possible and, in any case, within 30 days of receiving the defective Product (excludes special order products). After 3 months from shipment date CCTV Empire, as a way of speeding up the repair process, reserve the right to replace your faulty unit with a refurbished or reconditioned product which will carry the remainder of the warranty period. This replacement will be of same or better specification. Hardware failures within the first 3 months after delivery will have their return postage covered by CCTV Empire via a royal mail pre-paid shipping label, if you opt to use an alternative shipping method this is non-refundable, returns after this period to CCTV Empire will be at the cost of the customer. For Hikvision CCTV warranty goods if a replacement is unavailable then you will be offered a partial refund as follows;
Year 1= Original invoice price,
Year 2 = 66% of orignal invoice price,
Year 3 = 33% of original invoice price,
or you can request a repair but this can take upto 26week.
- 10.2
We do not cover faults caused by
accident, neglect, misuse, normal wear and tear. Also excluded is the cutting of cables off cameras and or modifying the product beyond its original design (spraying your product a different colour will not invalidate your warranty but does exclude you from advanced replacements and may require your product is returned to manufacturer for a repair which can take upto 16 weeks).
- 10.3
Refunds of any money received from
you will be made using the same payment method originally used by you to pay
for your purchase and paid back into the same account.
- Our
liability
- 11.1
Subject to clause 11.2, we warrant to
you that any Product purchased from us through our Site is of satisfactory
quality and reasonably fit for all the purposes for which products of that kind
are commonly supplied. This warranty does not apply to any defect in the
Product arising from fair wear and tear, wilful damage, accident, negligence by
you or any third party, if you use the Product in a way that we do not recommend,
your failure to follow instructions, or any alterations or repair you carry out
without our prior written approval.
- 11.2
You accept that any Products
purchased which are listed as grade A, grade B, ex-display products or used
stock (meaning they may have slight cosmetic defects, be a factory refurbished
item or may have previously been sent out and sent back as an unwanted item)
have a warranty of 90 days for grade A and ex-display and 30 days for grade B.
Where products are grade A, grade B, ex-display or used stock it will be noted
in the Product description on the site.
- 11.3
Our liability for losses you suffer
as a result of us breaching the Contract is strictly limited to the purchase
price of the Product you purchased.
- 11.4
This does not include or limit in any
way our liability:
- 11.4.1
death or personal
injury caused by our negligence or the negligence of our employees, agents or
subcontractors;
- 11.4.2
under section 2(3)
of the Consumer Protection Act 1987;
- 11.4.3
for fraud or
fraudulent misrepresentation;
- 11.4.4
for any deliberate
breaches of these Terms by us that would entitle you to terminate the Contract
between us; or
- 11.4.5
for any matter for
which it would be illegal for us to exclude, or attempt to exclude, our
liability.
- 11.5
We will not be liable for any
indirect or consequential losses or for any of the following types of loss
whether caused by tort (including negligence), breach of contract or otherwise,
even if foreseeable:
- 11.5.1
loss of income or
revenue;
- 11.5.2
loss of business;
- 11.5.3
loss of profits or
contracts;
- 11.5.4
loss of anticipated
savings; or
- 11.5.5
loss of data.
- Data
Protection
Except as expressly set out in these Terms,
all use of your personal information will be made in accordance with our privacy policy.
- Events
outside our control
- 13.1
We will not be liable or responsible
for any failure to perform, or delay in performance of, any of our obligations
under a Contract that is caused by events outside our reasonable control (Force
Majeure Event).
- 13.2
A Force Majeure Event includes any
act, event, non-happening, omission or accident beyond our reasonable control
and includes in particular (without limitation) the following:
- 13.2.1
strikes, lock-outs
or other industrial action;
- 13.2.2
civil commotion,
riot, invasion, terrorist attack or threat of terrorist attack, war (whether
declared or not) or threat or preparation for war;
- 13.2.3
fire, explosion,
storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- 13.2.4
impossibility of
the use of railways, shipping, aircraft, motor transport or other means of
public or private transport;
- 13.2.5
impossibility of
the use of public or private telecommunications networks;
- 13.2.6
the acts, decrees,
legislation, regulations or restrictions of any government.
- 13.3
Our performance under any Contract is
deemed to be suspended for the period that the Force Majeure Event continues,
and we will have an extension of time for performance for the duration of that
period. We will use our reasonable endeavours to bring the Force Majeure Event
to a close or to find a solution by which our obligations under the Contract
may be performed despite the Force Majeure Event.
- Other
important terms
- 14.1
Applicable laws require that some of
the information or communications we send to you should be in writing. When
using our Site, you accept that communication with us will be mainly
electronic. We will contact you by email or provide you with information by
posting notices on our website. For contractual purposes, you agree to this
electronic means of communication and you acknowledge that all contracts,
notices, information and other communications that we provide to you
electronically comply with any legal requirement that such communications be in
writing.
- 14.2
All notices given by you to us must
be given to CCTV Empire Ltd at Unit 14 Sandbrook Business Park, Sandbrook Way, Rochdale, OL11 1RY or by email. We may give notice to you at either the
email or postal address you provide to us when placing an Order. Notice will be
deemed received and properly served 24 hours after an email is sent, or three
days after the date of posting of any letter. In proving the service of any
notice, it will be sufficient to prove, in the case of a letter, that such
letter was properly addressed, stamped and placed in the post and, in the case
of an email, that such email was sent to the specified email address of the
addressee.
- 14.3
The Contract between you and us is
binding on you and us and on our respective successors and assigns.
- 14.4
You may only transfer, assign, charge
or otherwise dispose of this Contract, or any of your rights or obligations
arising under it if we agree in writing.
- 14.5
If we do not insist immediately that
you do anything you are required to do under these Terms, or if we delay in
taking steps against you in respect of your breaking this Contract, that will
not mean that you do not have to do those things and it will not prevent us
taking steps against you at a later date. For example, if you miss a payment
and we do not chase you but we continue to provide the Products, we can still
require you to make the payment at a later date.
- 14.6
Each of the clauses of these Terms
operates separately. If any court or relevant authority decides that any of
them are unlawful, the remaining clauses will remain in full force and effect.
- 14.7
We intend to rely upon these Terms
and any document expressly referred to in them in relation to the subject
matter of any Contract. While we accept responsibility for statements and
representations made by our duly authorised agents, please make sure you ask
for any variations from these terms and conditions to be confirmed in writing.
- 14.8
We have the right to revise and amend
these Terms from time to time to reflect changes in market conditions affecting
our business, changes in technology, changes in payment methods, changes in
relevant laws and regulatory requirements and changes in our system’s
capabilities.
- 14.9
You will be subject to the policies and
Terms in force at the time that you order Products from us, unless any change
to those policies or these Terms is required to be made by law or governmental
authority (in which case it will apply to orders previously placed by you), or
if we notify you of the change to those policies or these Terms before we send
you the order confirmation (in which case we have the right to assume that you
have accepted the change to the Terms, unless you notify us to the contrary
within seven working days of receipt by you of the Products).
- 14.10
The Contract is between you and us.
No other person shall have any rights to enforce any of its terms.
- 14.11
These Terms are governed by English
law. You agree to submit to the non-exclusive jurisdiction of the courts of
England and Wales.
CCTV Empire Ltd
Unit 14 Sandbrook Business Park,
Sandbrook Way,
Rochdale,
OL11 1RY
VAT registration number GB 136529406