Introduction
These terms and conditions ?terms? form the basis of our contract with you. By ordering from us you agree to these terms, except where other terms have been expressly agreed in writing between all parties. Other documents also form part of these terms and you are strongly encouraged to review them. Where any other published information is inconsistent with the content of these terms, these terms will have precedence.
Definitions
In these terms any references to ?we? or ?us? are to Tonsil Sound Ltd a company registered in England and Wales (number 09884927) whose registered address is Fairfield House, Berneslai Close, Barnsley S70 2FL.
Ordering
When you complete the process of placing an order, we will send you an email confirming receipt and details of the order. The order represents an offer to purchase the items from us and is accepted by us at the point where items are dispatched for delivery. If more than one item has been ordered at the same time, the dispatch of one item does not indicate the acceptance of an offer to purchase another. We reserve the right
to cancel orders prior to acceptance. In addition to this, we may cancel an order after dispatch in exceptional circumstances such as the your refusal to accept delivery, detected fraud. You are responsible for ensuring the items, contact and address details on your order are correct. If additional costs are incurred as the result of a mistake on your part during ordering, you will cover such costs.
Payment
You agree to pay the price stated at the time of ordering. Usually payment will occur in advance of the goods being dispatched. In the case you receive goods which have not been paid for, you will pay us on demand.
In the event you are overcharged for an order we will refund the difference as soon we are made aware of the error. In the event you are undercharged, you must pay us the difference on demand.
Pricing
We reserve the right to vary, at any time, any price advertised on this website, literature or elsewhere. Goods are supplied at the price prevailing as at the date of the offer made by the you. All prices are inclusive of VAT except where expressly stated otherwise. While every effort is taken to ensure accurate stock indications, no guarantee is given as to the availability of any item at the time of ordering. If an item is ordered which is out of stock and we cannot obtain it, we may cancel your order. If we supply a date for availability of stock, it is to be treated as an estimate and is subject to change.
Delivery
We use a variety of delivery methods depending on the items ordered, the service selected by you and the destination. The following conditions apply to all deliveries. For standard services items will be dispatched as soon as possible but as this is not a scheduled delivery service, the time taken for delivery may vary. Standard delivery is from one week up to two weeks. We keep inform client by phone/text message and email about the delivery process, every order is monitored from the beginning of the order till the last stage the home delivery and feedback and the level of satisfaction of ordered product. For expedited services where an agreed delivery date or time has been given, we will use a courier service to meet these agreements. In the event the courier fails to deliver as promised, any delivery charges paid by you will be refunded on request. If you place an order which cannot be dispatched in time for the chosen date, we will contact you to make other arrangements. Where estimated times are provided by us or our delivery services, these are not guaranteed and are subject to change. Published cut off times apply for placing orders for guaranteed delivery services. We may vary these from time to time. For particularly large or bulky items, specialist delivery services may be used. If this is the case, we will contact you to arrange delivery.
Delivery will generally be to the doorstep for most items. Specialist deliveries will sometimes bring items into your premises. In such cases delivery is to ground floor only unless there is a prior written agreement with the delivery company and where the you have provided information on any stairs or obstructions. We and our couriers reserve the right to refuse requests which are impossible or unsafe to accommodate. For certain orders that contain custom or made to order items, or where an item requires specialist delivery, we can only provide an estimated
delivery window at the point of ordering. Where a payment made by you has not cleared or where additional security checks are required due to incorrect or incomplete information provided by the you, dispatch may be delayed. Where you opt to apply for credit, items cannot be dispatched until your application is verified, any identity documents requested have been validated and your deposit is paid. We cannot accept responsibility for delays caused by your failure to provide us with complete and correct information ? address and contact details
or your failure to be available to accept any delivery. If any delivery or other service is delayed by any cause beyond the reasonable control of us or our appointed third party ? severe weather, customs delays, a reasonable extension of time shall be granted by you, this includes any reasonable extension to a guaranteed delivery date. Time shall not be of the essence. Risk passes from us to you at the point of delivery. Where you collect you order from us in person, risk passes to you at the point of collection.
Loss and Damage
You agree to inspect all items on receipt. In the event you receive an item which is damaged, missing or incorrect, you will either refuse the delivery, or if you accept it, inform us as soon as possible and within a reasonable time. We will not accept claims where you do not inform us within a reasonable time. We will arrange for a replacement, refund and/or collection of the items depending on the available options. Where an item which is dispatched does not arrive within a reasonable time you must inform us within 30 days of the expected delivery date. We will not accept claims for lost items beyond this 30 day period. We will replace the item or refund you depending on the available options. In the event of loss or damage to a delivery, you agree to provide any information requested by us or a third party contracted by us.
Returns
Tonsil Sound Ltd does not run return service, with one exception, as described below, because it is being done by manufacturers. We will accept returns only if the shortages and or defects in goods were present at the time of their arrival. Returned merchandise will be accepted only if it is sent back in original packaging, together with its contents other attached devices and accessories, instructions, warranty, proof of purchase an invoice.
Defective Items If an item arrives defective, or develops a fault within 30 days of receipt, we will replace the item with a new one. After this period we will repair or replace items up to the time limit specified by the manufacturer?s warranty. For defective items within 30 days we will collect the goods from you, or with prior agreement, will refund your shipping costs. We will not collect any item for which the original packaging has been disposed of, or is damaged beyond use. In this case, you must return the item to us.
If you return an item which when tested is found not to be defective, or has been damaged by you, you will cover the costs of repairs, if still required, and any other costs incurred, such as collecting from and shipping back to you. Where you place an order on behalf of a business, you agree that your rights are restricted to the maximum extent as permitted by law. If for any reason you chose to reject any item you have received from us, you will ensure it is returned safely to us.
If we agree to cover the costs involved in shipping a return this section will apply. You agree to minimize all costs. We will only cover the cheapest available shipping option including appropriate insurance. As all items arrive in suitable packaging, we will not cover packaging costs. Any excessive charges incurred by you will not be paid for by us. Damage in transit is at your risk. We will not cover the costs of shipping items originally collected from us, or items you have chosen to export outside of the UK. If you send us an item that on inspection is found not to be defective, you agree to pay all costs.
If we arrange the collection of an item from you the following conditions will apply: We will arrange with you a suitable date and address to collect from You will pack the item in the same way in which it was received and make it available for collection If you have discarded the original packaging, we will not collect the item from you. If you tell us you have packed it correctly but we later discover it has not been, you will accept liability for any resulting damage We will use an insured service to collect the item, which covers damage or loss in transit however: You will be liable for the cost of repairing or replacing the item where it has not been adequately packed
You will cooperate with any request for information during the course of an insurance claim
We will attempt to collect the item from you on an agreed date. If you are not in, or the item is not ready for collection, you will cover the costs of any additional collection attempts.
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise the right to cancel, you must inform us by email sales@tonsilsound.co.uk of your decision to cancel this contract by a clear statement. You may use the cancellation form included with your order, which may also be downloaded from our website, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than-14 days after the day we receive back from you any goods supplied, or if earlier 14 days after the day you provide evidence that you have returned the goods, or if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise or this is no longer possible; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you
communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. The cost is estimated at a maximum of approximately ?30 per box up to 30 kg each from most UK addresses. Smaller items will cost less. High value, bulky or heavy items requiring specialist delivery will cost more.
You agree that we may supply the required information regarding your right to cancel via email and to supply us with a valid email address for this purpose. If you cancel only part of an order where you have received a discount for purchasing multiple products, you will no longer be entitled to the discount and your refund will be reduced to reflect this. Additionally any shipping refund will be applied pro-rata. You must return any free items received as part of an offer if you cancel your order. If you fail to do so, we may deduct their value from any refund due.
If a replacement item is required and we are unable to source one, we may offer suitable alternative items to you as a replacement. The value of any alternative item will not be less than that of the price paid for the original.
Where a manufacturer offers a warranty repair service you will be expected to comply with any reasonable instructions from the manufacturer to facilitate the required work. It is your responsibility to adhere to the terms of any warranty in place. Any breach of the warranty terms which renders a warranty void, such as the modification or misuse of an item, may result in a rejected claim for repair.
Customs and Exporting Goods
If your order for delivery outside of the UK you may be subject to import duties and taxes, which will be charged by the relevant authorities. You take full responsibility for anticipating and paying such charges and taxes. If items are opened, delayed or damaged by customs, it is your responsibility to seek recompense the from local customs authorities. We cannot offer advice on customs issues or tax related claims, such as recovering VAT on exports. It is your responsibility to claim back any such taxes as they are permitted to directly.
Limitation of Liability
We will not be responsible for any business loss including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) nor will we be responsible for any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you place your order. We do not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty or caused by our gross negligence or willful misconduct. Subject to the preceding sentence, our maximum liability to you will not exceed the value of your order.