1. ABOUT US
www.channel-12.tv (“website”) is a site operated by Pye Tait Limited (“we” or “us”).
We are registered in England and Wales under company number 04001365 and with our registered office at Royal House, 110, Station Parade, Harrogate, HG1 1EP which is also our main trading address. Our VAT number is 755 8312 14.
Below are set out the terms and conditions (“conditions”) upon which we supply any of the goods (“goods”) listed on the website to customers. Please read these conditions carefully before ordering any goods from the website. In ordering any goods from the website “you” as the customer purchasing goods agree to be bound by these conditions. You should print a copy of these conditions for future reference.
By making use of the Website or placing an order you will be deemed to have accepted these Terms and Conditions of Sale.
2. SERVICE AVAILABILITY
Our website is only intended for use by people resident in the United Kingdom who are over the age of 18 years.
If you order our goods from outside the United Kingdom, those goods may be subject to import duties and/or taxes which are levied when the goods reach their destination. You accept responsibility for the payment of any and all such import duties and/or taxes.
You must comply with any laws and regulations of the country for which the goods are destined. We will not be liable for any breach of any such laws.
3. YOUR STATUS
By placing an order through our website, you warrant that:
a) you are legally capable of entering into binding contracts; and
b) you are (in the case of an individual) at least 18 years old;
c) you are resident in the country to which the Goods are to be delivered; and
d) you are purchasing the goods as a private customer. If you wish to purchase any goods for business purposes then you must contact us by telephone and discuss the matter with our staff (in the first instance contact Nicola Charleton on 01423-509433).
4. THE PROCESS OF SALE
After placing an order through the website, you will receive an e-mail from us acknowledging that we have received your order and describing the goods, the price of the goods, the delivery costs (where applicable), and the estimated delivery time for the goods (“e-mail confirmation”).
Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy the goods. All orders (whether through the website or by telephone) are subject to acceptance by us, and the contract will only be formed when we despatch the goods to you.
Any typographical error or omission in any sales literature, quotation, price list, e-mail confirmation, invoice or other document or information issued by us are subject to correction without any liability on our part. You must retain a copy of the email confirmation.
5. CUSTOMER RIGHTS
You are legally entitled to cancel the contract at any time within seven days from the date of receipt of the goods by you (the “cancellation period”). If the contract is cancelled in this way within the cancellation period you will receive a refund of all or part of the price paid for the goods in accordance with our refund policy set out in below.
In order to exercise your right of cancellation you must provide us with written notice of your cancellation within the cancellation period. The goods must then be returned to us, unused, in their original packaging, in the same condition in which you received them, at your own cost and risk. You must take reasonable care of the goods while they are in your possession. If you fail to do so, we may have a right of action against you for compensation.
In order to exercise your right of cancellation with respect to DVDs, VHS Videos or their equivalents you must return them with the original cellophane wrapping unbroken and showing no signs of having been opened and re-sealed. You will not be entitled to a refund if the cellophane wrapping is missing, has been tampered with, or in any way shows signs of having been opened and re-sealed.
There is no right of refund after purchase for Goods which are downloaded electronically and in digital form.
6. PRICE AND PAYMENT
Payment must be made when you place an order. We will carry out the necessary card verification processes and check availability of the goods on receipt of your order. If we are unable to supply any goods for any reason, we will inform you as soon as possible and we will provide you with a refund for these goods within 30 days.
The price to be paid by you is the price displayed on the website at the time when your order is received by us.
We are under no obligation to provide goods to you at an incorrect price, even after we have issued an e-mail confirmation.
Payment must be made by one of the credit or debit cards listed on the purchasing pages of the sales process. No payment will be deemed to have been received until we have received cleared funds.
The prices for the goods are inclusive of any value added tax but do not include delivery charges unless expressly stated otherwise.
If any additional delivery costs become payable by you we shall invoice you immediately in respect of these costs. Any such invoice shall be payable within 30 days of the date of the invoice and prior to the Goods being shipped.
7. PACKAGING
We will use reasonable endeavours to ensure the goods are appropriately packaged prior to despatch but the packaging of the goods is at our discretion and we have the right to pack all the goods in such manner, and in such quantities as we think fit and we are not obliged to comply with any packaging requests or instructions from you.
8. DELIVERY
Unless otherwise agreed, we will deliver the goods to the delivery address notified to us by you at the time of order. In the event that you notify us of any change to the delivery address after the date on which the goods have been despatched to you, we will pass on any additional delivery costs to you.
We will use reasonable endeavours to deliver the goods within 10 working days of the email confirmation. If we cannot fulfil your order within 30 days of your payment we will notify you of this situation and you will be entitled to a refund if you do not wish to wait any longer for the goods.
Any delivery dates given by us are estimates only. Time of delivery is not of the essence of the contract.
9. RISK/TITLE
The goods will be at your risk from the time of delivery (or deemed delivery).
Ownership of the goods will pass to you when we have received payment for the goods from you in full and the goods have been delivered to you.
10. WARRANTIES
If you are buying goods through our website, the goods are directed solely at those who access the website from the serviced countries. We make no representations that any goods are appropriate for use or available in other locations.
We warrant that on delivery, the goods shall be of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
If the goods we deliver are not what you ordered or are damaged or defective you must give us written notice of the problem within 48 hours of receipt of the goods by you.
11. LIABILITY
All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by sections 12, 13, 14 and 15 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the contract.
We will not be liable, whether in tort (including for negligence or breach of statutory duty), contract misrepresentation or otherwise for:
a) loss of income or revenue;
b) loss of business;
c) loss of profits;
d) loss of contracts; or
e) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
12. REFUNDS AND EXCHANGE POLICY
Refunds will be provided in the following circumstances:
Change of mind
In the event that you cancel the contract within the cancellation period, in accordance with condition 5, having provided us with written notice of your cancellation within the cancellation period and having returned the goods to us, unused, in their original packaging, in the same condition in which you received them, at your own cost and risk, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation.
In such circumstances we will refund the price of the goods in full, including the cost of sending the goods to you. You are responsible for the cost of returning the goods to us; or
Faulty/damaged goods
If you wish to cancel the contract for any other reason (for instance, because you claim that the goods are defective or do not conform with their description) you should contact us at info@channel-12.tv giving us full particulars (including photographic evidence if available) of the defective nature of the goods.
If necessary, we will examine the returned goods and will notify you of the results of such examination within a reasonable period of time. If the goods are found to have been defective then we will (at your option) offer to repair or replace the goods, or reduce or refund the price of the goods.
We will usually process any refund due to you as soon as possible and, in any case, within 30 days of the confirmation to you that you are entitled to a refund for the defective goods. Goods returned by you as a result of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you (if paid by you) and the cost incurred by you in returning the item to us.
We will make any refunds using the same method originally used by you to pay for the goods.
At your option we may exchange any goods returned to us within 30 days of receipt of the goods by you. The goods must be returned to us, unused, in their original packaging, in the same condition in which you received them. In such circumstances we will request from you details of the exchange goods and any difference in price will be charged or debited to the original payment card prior to despatch of the exchange goods. You will be responsible for all delivery charges incurred in returning the goods to us and despatching the exchange goods to you.
13 COMPLAINTS POLICY
We are committed to providing a quality service to you and value your views, opinions and feedback on any goods which have been supplied to you or the service which we have provided to you. If we have not performed any of our duties to a satisfactory standard please contact us on info@channel-12.tv.
14. WRITTEN COMMUNICATIONS
Some of the information or communications we send to you must be in writing. When using the website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the website. For contractual purposes, you agree to this electronic means of communication and acknowledge that all contracts, notices, information and other communications that you provide to us electronically comply with any legal requirement that such communications be in writing. The provisions set out in this condition do not affect your statutory rights.
15 GENERAL
We may assign the contract or any part of it to any person, firm or company. You may not be entitled to assign the contract or any part of it without our prior written consent.
We may defer the date of delivery or cancel the contract or reduce the volume of the goods ordered by you (without liability) if we are prevented from or delayed in the carrying on of our business due to circumstances beyond our reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.
If any provision of the contract or these terms are found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it will to that extent be severed and the remaining provisions of the contract or these conditions and the remainder of such provision shall continue in full force and effect.
Failure or delay by us in enforcing or partially enforcing any provision of the contract shall not be construed as a waiver of any of our rights under the contract.
Any waiver by us of any breach of, or any default under, any provision of the contract by you shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the contract.
No term of the contract shall be enforceable by virtue of the contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
These conditions, together with our current website prices, delivery details, contract details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
The formation, existence, construction, performance, validity and all aspects of the contract shall be governed by English law and any disputes shall be resolved exclusively in the English Courts.