Table of Contents:
1. Interpretation
2. Basis of Sale
3. The Goods
4. Delivery
5. Defective goods and returns
6. Title and risk
7. Price and payment
8. Limitation of liability
9. Events outside our control
10. Assignment
11. Notices
12. General
13. Extended Warranty Terms and Conditions
1.1 The definitions in this clause apply in the terms and conditions set out in this document:
Force Majeure Event: shall have the meaning given in clause 9.
Goods: the products that we are selling to you as set out in the Order.
Order: your order for the Goods as set out overleaf.
Terms: the terms and conditions set out in this document.
Writing: or written includes faxes.
1.2 Headings do not affect the interpretation of these terms.
2.1 These Terms, any documents referred to in these terms and the Order are considered by us to set out the whole agreement between you and us for the sale of the Goods. Please check that the details in the Terms or on the Order are complete and accurate before you commit yourself to the contract. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by our authorised employees and agents. Please ensure that you read and understand these Terms before you sign the Order, because you will be bound by the Terms once a contract comes into existence between us, in accordance with clause 2.5.
2.2 Any samples, drawings, descriptions or advertising we issue, and any descriptions or illustrations contained in our catalogues or brochures, are issued or published solely to provide you with an approximate idea of the Goods they describe. They do not form part of the contract between you and us or any other contract between you and us for the sale of the Goods.
2.3 If any of these Terms are inconsistent with any term of the Order, the Order shall prevail.
2.4 The Order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.
2.5 These Terms shall become binding on you and us when:
(a) we issue you with written acceptance of an Order; or
(b) we notify you that the Goods are ready, whichever is the earlier, at which point a contract shall come into existence between us.
2.6 Any quotation for the Goods is given on the basis that a binding contract shall only come into existence in accordance with clause 2.5. A quotation shall be valid for a period of 7 calendar days from its date of issue, unless we notify you in writing that we have withdrawn it during this period.
2.7 We shall assign an order number to the Order and inform you of it. Please quote the order number in all subsequent correspondence with us relating to the Order.
2.8 You may at any time before any agreed delivery date amend or cancel an Order by providing us with written notice. If you amend or cancel an Order, your liability to us shall be limited to payment to us of all costs we reasonably incur in fulfilling the Order until we receive your amendment or cancellation, except that where the amendment or cancellation results from our failure to comply with these Terms you shall have no liability to us for it.
2.9 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. You will be subject to the policies and terms in force at the time that you order the Goods from us, unless any change to those policies or these Terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
3.1 We warrant that on delivery and for a period of 12 months from the date of delivery, the Goods shall:
(a) conform in all material respects with their description subject to any qualification or representation contained in the brochures, advertisements or other documentation;
(b) be of satisfactory quality;
(c) be fit for any purpose we say the Goods are fit for or for any reasonable purpose for which you use the Goods;
(d) be free from material defects in design, material and workmanship; and
(e) comply with all applicable statutory and regulatory requirements for selling the Goods in the United Kingdom.
3.2 This warranty is in addition to your legal rights in relation to Goods which are faulty or which otherwise do not conform with these Terms. [Advice about your legal rights is available from your local Citizens’ Advice Bureau or trading standards office]. This warranty does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Goods in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval. In addition, routine maintenance (cleaning of dirty audio/video heads etc), consumables (plug fuses, cables, batteries etc) and loss of picture / sound due to poor reception are not covered by manufacturers warranty.
3.3 Any call outs made that are not covered by the manufacturer’s warranty will incur a call out charge of £54.00* (inclusive of VAT) to be paid at the time of booking, which will cover up to 1 hour of labour during the initial visit only. Should a return visit be necessary (for example, to fit parts which have been ordered), a return visit fee of £27.00 will be chargeable. The maximum labour charge payable will be capped at £81.00**. Any parts required will be charged separately.
*Excluding Miele, Fisher & Paykel and Liebherr, which are charged at £70.00 per callout, plus £35 for all additional labour and parts.
**Maximum labour charge for Miele, Fisher & Paykel and Liebherr appliances will be £105.
3.4 Should your item develop a fault with its warranty period, please contact us as soon as possible so we can organise somebody to call out and visit you as quickly as possible. We aim to get an engineer to visit any under guarantee repairs within 48 hours of receiving the call. However, during busy periods, this may take up to 7 working days.
3.5 We will take reasonable steps to pack the Goods properly and to ensure that you receive your order in good condition.
3.6 These Terms apply to any repaired or replacement Goods we supply to you in the unlikely event that the original Goods are faulty or do not otherwise conform with these Terms.
4.1 All orders will be dispatched by Let’s GO Digital to you via ParcelForce without exception and will require a signature on delivery. Let’s GO Digital shall have no liability for any late delivery however arising. We cannot accept requests to use alternative couriers.
4.2 Once the order has been placed, it will be sent to the postal address indicated by you when placing the order. You should provide the full correct postal address. We endeavour to dispatch Products that are in stock within 24 hours of the order being placed.
4.3 All orders must be confirmed by you with a signature upon delivery. Each delivery shall be deemed to have been made when you or a third party designated by you has physically taken possession of the Product(s) and signed as confirmation. Let’s GO Digital shall not be liable for any loss or damage whatsoever if the order is delivered to a “safe” or alternative space at your own request.
4.4 You should make arrangements with ParcelForce to be available at the delivery address to receive the delivery. If there is no signature by you, and no suitable alternative has been agreed, the Products will not be handed over and will be returned to the local depot or your nearest Post Office. If ParcelForce have left a missed delivery card please follow the instructions to arrange for a new delivery. There may be an additional shipping cost payable.
4.5 Let’s GO Digital shall not be liable for loss or damage to any part of any parcel (whether comprising one or more packages in the parcel), or for the loss or non-delivery of the whole or part of any delivery, or for damage, delay or detention or any part thereof however caused save when due to Let’s GO Digital’s error. Where the Product has suffered damage during transit, which did not exist on despatch, you should notify Let’s GO Digital immediately so that an investigation into the circumstances can be opened. All decisions taken by Let’s GO Digital as a result of any investigation are final.
5. Defective goods and returns
5.1 In the unlikely event that the Goods are defective, please let us know within 30 days of delivery. We will check to see if the Goods are defective. If they are, we will:
(a) repair the Goods; or
(b) replace the Goods; or
(c) provide you with a full refund for the defective item(s).
5.2 These Terms will apply to any repaired or replacement Goods we supply to you.
5.3 If you are unhappy with the Goods for any other reason, you may return them to us undamaged and with their original packaging at your own cost and risk within 14 calendar days of receipt.
6.1 The Goods will be your responsibility from the time of delivery or from when you collect the Goods from us.
6.2 Ownership of the Goods will only pass to you when we receive payment in full of all sums due for the Goods, including delivery charges.
7.1 The price of the Goods will be as set out in the quotation we provided to you or, if we have not provided a quotation or the quotation has expired, in our price list in force at the time we confirm your Order. Prices are liable to change at any time, but price changes will not affect Orders that we have confirmed in writing.
7.2 These prices include VAT.
7.3 These prices exclude delivery costs, which will be added to the total amount due.
7.4 It is always possible that, despite our best efforts, some of the Goods we sell may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that, where the Goods’ correct price is less than our stated price, we will charge the lower amount when dispatching the Goods to you. If the Goods’ correct price is higher than the price stated In-store or on our Website, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject the Order and tell you. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing, we do not have to provide the Goods to you at the incorrect (lower) price.
7.5 Payment for Goods will be made in advance unless we agree to enter into a credit agreement or other arrangement with you in which case the terms of such an agreement will be supplemental to this agreement.
7.6 Without limiting any other remedies or rights that we may have, if you do not pay us as agreed, we may cancel or suspend any other outstanding Order until you have paid the outstanding amounts.
8.1 Subject to clause 8.2, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms.
8.2 Neither of us shall be responsible for losses that result from our failure to comply with these Terms including, but not limited to, losses that fall into the following categories:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of anticipated savings;
(d) loss of data; or
(e) any waste of time.
However, this clause 8.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
8.3 This clause does not include or limit in any way our liability for:
(a) death or personal injury caused by our negligence; or
(b) fraud or fraudulent misrepresentation; or
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d) losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
(e) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).
9.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
(a) strikes, lock-outs or other industrial action; or
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
(e) impossibility of the use of public or private telecommunications networks.
9.3 Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
All notices sent by you to us must be sent to Let’s Go Digital, HBH Woolacotts, Kings Hill Industrial Estate, Bude, Cornwall, EX23 8QN. We may give notice to you at either the e-mail or postal address you provide to us in the Order. Notice will be deemed received and properly served 24 hours after an e-mail 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 the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
12.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
12.2 If we choose not to rely on any Term in this agreement, that will not mean that we have waived any right to rely upon such a term. If we do take action against you if you are in default of any Term in this agreement, that will not mean that we will automatically waive any subsequent default by you.
12.3 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
12.4 These Terms shall be governed by English law and we both agree to the non-exclusive jurisdiction of the English courts. We do not accept orders from addresses outside the UK.