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Terms & Conditions

PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE

 

    1. Format of the Contract

 

      1. The terms, “Destiny Entertainments”, “Destiny Entertainments Ltd”, “Electromarket”, “Electromarket.co.uk”, “supplier”, “seller”, “retailer”, “us”, “we” or “our” and plurals of, refers to the registered business, Destiny Entertainments Ltd. The terms, “receiver”, “purchaser”, “customer”, “you”, “your” or “user” and plurals of, refers to the person who places an order, receives a delivery, or contacts us in the manner of purchasing goods.
      2. This website is owned and maintained by Destiny Entertainments Ltd. You can contact us via phone, +44 (0) 203 326 0900, or email, sales@electromarket.co.uk. Our egistered address is: Unit C7, J31 Park, Motherwell Way, West Thurrock, Essex. Our registered company number is: 6391244. Our VAT number is: GB 848 3373 00.
      3. These terms of sale apply to all goods supplied by ElectroMarket (UK) the trading name of Destiny Entertainments Ltd.
      4. No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order.
      5. In the unlikely event that the goods are no longer available, the payment has not been received from the customer, or we have made a pricing mistake, we will advise you of this. If the goods are not available, we may supply you with substitute goods. They may be of similar or additional features and/or functions than you ordered.
      6. We reserve the right to terminate the contract when cleared funds are not received. You will be notified of this if the payment has not been received.
      7. We reserve the right to terminate the contract without reason.
      8. The contract is subject to your right of cancellation (see below).
      9. The Supplier may change these terms of sale without notice to you in relation to future sales (please check the website for an up-to-date version of our terms and conditions).
      10. Our registered company address is: 39 Etchingham Park Road, London, N3 2DU. PLEASE NOTE: No customer correspondence or returns will be accepted at this address. For such correspondence & returns, our head office address is: Unit C7, J31 Park, Motherwell Way, West Thurrock, RM20 3XD.

 

    1. Description and price of the goods

 

      1. The description and price of the goods you order will be as shown on the Supplier's website at the time you place your order.
      2. The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock we will not accept your order. If after acceptance or job order the Supplier discovers within 14 days of our acceptance of your order that the goods are unavailable we may terminate the contract and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
      3. Every effort is made to ensure that prices shown on the Supplier's website are accurate at the time you place your order. If an error is found within 14 days of accepting your order, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If the Supplier does not receive an order confirmation for you within 14 days of informing you of the error, the order will be cancelled automatically. If you cancel the order, or if the order is cancelled automatically due to the expiry of the 14 day period, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
      4. In addition to the price, you may be required to pay an additional delivery charge for the goods.

 

    1. Payment

 

      1. Payment for the goods and delivery charges can be made by any method shown on the Supplier's website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the Supplier to terminate the contract immediately.
      2. There will be no delivery until cleared funds are received.
      3. Payments shall be made by you without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.

 

    1. Delivery

 

      1. The goods you order will be delivered to the address you give when you place your order, except that some deliveries are not made outside the United Kingdom.
      2. The goods must be delivered to the registered payment address unless authorisation is given by the Supplier. You cannot collect from our retail store if you pay online.
      3. Orders placed before 09:00 on a working day will be processed that day and will be delivered as per the requested delivery option provided no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays.)
      4. If delivery cannot be made to your address for reasons under the Supplier's control the Supplier will inform you as soon as possible.
      5. If you deliberately fail to take or refuse delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier, the Supplier may:
        1. Store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
        2. Sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
      6. If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Supplier shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. On exercising your right to cancel you shall be required to return the goods to the Supplier. Should you fail to return the goods, the Supplier reserves the right to deduct and charge any direct costs incurred by the Supplier in retrieving the goods as a result of such failure.
      7. Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible.
      8. All deliveries will be considered as received in good condition unless you specifically sign as “damaged”, “unchecked” or as such. Liability will not be accepted if delivery is not signed for under the correct received status.
      9. Free Delivery on orders excludes:

 

        1. Total weight of orders that exceed 50kg
        2. Non-mainland UK addresses, including Highlands, Islands, Isle of Man/ROI/Channel Islands/Isle of Wight/Isle of Siclly or addresses with the following starting postcodes:
          1. AB, IV, KW, PA, PH, BT, HS, KA, ZE, PO
        3. You can call us to confirm the charges of delivery

 

    1. Risk/Title
      1. The goods are at your risk as of the receipt of goods on delivery or collection.
      2. Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
        1. the goods, and
        2. all other sums which are or which become due to the Supplier from you on any account.
      3. The Supplier shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from the Supplier.

 

    1. Title for Business Customers
      1. If you are a business customer until ownership of the goods has passed to you, you must:
        1. Store the goods (at no cost to the Supplier) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as the Supplier's property;
        2. Not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on the Supplier's behalf for their full price against all risks to the reasonable satisfaction of the Supplier. On request you shall produce the policy of insurance to the Supplier; and
        3. Hold the proceeds of the insurance referred to in condition 6.1.2 on trust for the Supplier and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.

 

      1. If you are a business customer your right to possession of the goods shall terminate immediately if:
        1. You have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
        2. you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or
        3. you encumber or in any way charge any of the goods.

 

    1. Your right of cancellation
      1. You have the right to cancel the contract at any time up to 14 days after you receive the goods (see below). Please note that this policy has some limitations and does not apply to business customers.
      2. To exercise your right of cancellation, you must give written notice to the Supplier by hand or post (recorded delivery), giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.
      3. Except in the case of faulty or mis-described goods, if you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost and adhering to all clauses in section 12. In the case of faulty or mis-described goods we shall, after receiving notification in accordance with clause 8.3 or 8.4, either collect the goods from you or ask you to return the goods yourself and possibly refund you the reasonable postage costs.
      4. Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.
      5. 7.5 Except in the case of faulty or misdescribed goods, if you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods.
      6. 7.6 You do not have the right to cancel the contract if the order is for computer software which has been unsealed, or for consumable goods which, by their nature, cannot be returned, or products that have been personalise specifically for the customer, save where a fault is discovered which could not have been discovered otherwise than by unsealing the goods.

 

    1. Warranty
      1. 8.1 All goods supplied by the Supplier are warranted free from defects for 12 months from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer.
      2. 8.2 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, use otherwise than as recommended by the Supplier, failure to follow the Supplier's instructions, or any alteration or repair carried out without the Supplier's approval.
      3. 8.3 If the goods supplied to you are damaged on delivery, you should sign for the goods as damaged and notify the Supplier within 48 hours of delivery via the 'Contact Us' section of the website. (Please note that this is 24hrs for our business customers)
      4. 8.4 If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier in writing via the 'Contact Us' section of the website, as soon as possible, but in any event within 14 days of the date you discovered or ought to have discovered the damage, defect or complaint.

 

    1. Limitation of Liability
      1. Subject to 9.2 below, if you are a consumer the Supplier shall not be liable to you for any loss or damage in circumstances where:
        1. 9.1.1 there is no breach of a legal duty owed to you by the Supplier or by its employees or agents;
        2. 9.1.2 such loss or damage is not a reasonably foreseeable result of any such breach;
        3. 9.1.3 any increase in loss or damage resulting from breach by you of any term of this contract.
      2. 9.2 Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier´s negligence or fraudulent misrepresentation.
      3. 9.3 If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.

 

    1. Data Protection
      1. The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.
      2. Your credit card details are only entered once you have been passed on to a Secure Order Processing page hosted by Paypal. We do not collect any card details from you directly.
      3. We collect only the basic personal details required to process your order. We do not store any customers financial or credit card details in any form. We will not trade, resell, sell, or redistribute information that you provide to us, to any other companies, organisations or individuals.
      4. Your information provided to us during the ordering process is protected by 128-bit industry-standard Secure Sockets Layer (SSL) technology to provide encryption of personal information such as your name and address. This server encrypts information while it is being transmitted across the Internet so that unauthorised people cannot read it.

 

    1. Images
      1. Product images are for illustrative purposes only and may differ from the actual product. The item description should be correct.
      2. All images that are used on Electromarket.co.uk or any of our affiliated websites or selling platforms are owned by the Supplier and may not be used, in part or in full, except by express permission in writing by the Supplier.

 

    1. Returns
      1. You can contact us any time email: cust.serv@electromarket.co.uk or phone +44 (0) 203 326 0900
      2. Or our customer services department between 09:00 and 17:00, Monday to Friday (excluding bank/public holidays)
      3. When you sign for an item, you should check the item for damage; if damaged, you must sign for the item as 'damaged'. If you are not able to check the item to see if it is damaged, you must sign for it as 'unchecked'. If you do not do the above, then we will not be able to process your return if the item is damaged.
      4. We do not accept returns without returns numbers. Any return sent to us without a returns number maybe; refused upon delivery, destroyed or disposed of, without compensation to the customer.
      5. Returns numbers must be visible from the outside of the item.
      6. If you do not want the item (within 60 days from receiving delivery):
        1. You must return the item at your own expense
        2. We advise you to return goods via a tracked delivery service
        3. You must contact us for a returns number before returning the item
        4. The returns number must be written on a piece of paper and stuck to the side of the box
        5. The returns number (or another writing) must NOT be written on the box
        6. The product must be in a new condition and resellable as new, including all packaging, manuals, components and anything else that was delivered
      7. Do not want the item (after 60 days from receiving delivery):
        1. We do not accept returns of items that you do not want after 14 days of receiving delivery.
      8. If the item is found to be faulty (within 60 days of receiving delivery):
        1. You must test the item within 14 days of receiving delivery
        2. You must contact us for a returns number before returning the item
        3. The returns number must be written on a piece of paper and stuck to the external side of the box
        4. The returns number (or another writing) must NOT be written on the box or item
        5. We will send a returns label/courier to you so that you can return the item to us
        6. An item will be tested once it comes back to us
        7. We will repair/replace any item that has a manufacturer fault
        8. A refund is available (upon request) and will only be issued once the item is returned to us and been tested
        9. If you choose to return the item from your own expense, compensation for this expense is not available. We would also advise that you use a tracked/courier service to return the goods.
        10. Any item that has been misused will not be repaired, replaced or refunded and you must pay for the item to be returned back to you
      9. Faulty Item (after 60 days, less than 2 year of receiving delivery):
        1. You must return the goods at your own expense to us
        2. We advice you to return goods via a tracked delivery service
        3. You must contact us for a returns number before returning the item
        4. The returns number must be written on a piece of paper and stuck to the external side of the box
        5. The returns number (or another writing) must NOT be written on the box or item
        6. An item will be tested once it comes back to us
        7. The manufacturer will either repair or replace the item
        8. Any item that has been misused will not be repaired or replaced and you must pay for the item to be returned back to you
          1. We may choose to charge you a storage fee at a reasonable rate if the item has been misused.

 

    1. Exceptions
      1. The following refers to any item or package that contains any form of amplifier and/or speaker:
        1. If you would like to return speakers or amplifiers due to fault, damage or you do not want the item any longer (or any other circumstance), you must first get the item back to us. Once the item is back to us, they will be tested and diagnosed. If the speakers or amplifier are found to be 'blown' through misuse of the item, the item is not covered under warranty and you will not be entitled to a repair, replacement or refund. However, if the item is tested and found to be no fault/manufacturer fault, then the above process applies, and your cost of returning the item will be refunded if the item is faulty (up to a maximum of £20).
  1. These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract.
  2. These terms and conditions do not affect your statuary rights.