TERMS AND CONDITIONS OF TRADE FOR PEGASUS SOUND AND LIGHT
"Customer" means any person whomsoever who orders Products online and engages Pegasus Sound and light to supply the Products online and shall include any officer, employee or agent of the Customer as the case may be;
GMT means Greenwich Mean Time;
"Force Majeure" means any, act of God, strike, lock out, war, act of terrorism, flood, lightening, fire, explosion, earthquake, civil commotion or riot;
"Products" means the supply to Customers by Pegasus Sound and light of disc jockey equipment and related items;
"these Terms" mean these terms and conditions.
1.2 The singular includes the plural and vice versa and any gender includes all genders
1.3 The clause headings are inserted for ease of reference only and shall not affect the interpretation or construction of these Terms.
2. SCOPE OF THESE TERMS AND FORM OF AGREEMENT
2.1 These Terms shall prevail over any terms put forward by the Customer, unless Pegasus Sound and light expressly agrees to them in writing.
2.2 Pegasus Sound and light will not accept any amendments by the Customer to these Terms. Pegasus Sound and light may change these Terms from time to time without notice to the Customer. Changes will apply to any subsequent orders received.
2.3 The Customer shall not at any time whatsoever make use of or disclose for his own benefit or for or to or on behalf of any other person, firm or company, any confidential information which he now possesses or may posses relating to the business of Pegasus Sound and light or its affairs or of any suppliers, customers or other persons having dealings with Pegasus Sound and light and shall use his best endeavours to prevent the publication or disclosure of any such confidential information.
3A ORDERING OF PRODUCTS
3A.1 When placing an order for any Product, the Customer shall state, specifically, which Products the Customer desires to purchase and shall also at the same time confirm to Pegasus Sound and light, at their own risk, their home address, telephone number (including STD Code), delivery requirements and selected payment method including credit card details together with such other details that may be requested at that time from the Customer by Pegasus Sound and light.
3A.2 Any orders received by Pegasus Sound and light after 4.00 pm GMT/BST shall be deemed by Pegasus Sound and light to be received the following day. The cut of for Republic of Ireland deliveries is 2 pm.
3A3 The Customer can check the status and progress of his order at any time by logging on to Pegasus Sound and light's "your account" section.
3A.4 All orders are made subject to acceptance by the Customer of these Terms.
3A.5 Fulfilment of any order for Products is subject to stock availability and acceptance by Pegasus Sound and light of the Customer's order. Pegasus Sound and light is under no obligation to fulfill any Customer order. Acceptance of the order is calssified as the order being despatched - upto which point Pegasus Sound and light may cancel the order.
3B DELIVERY OF THE PRODUCTS AND RISK
3B.1.1 When the Products are available for delivery, Pegasus Sound and light will give the Customer notice in accordance with these Terms and arrange for the Products to be delivered to the Customer pursuant to the Customers requirements as specified to Pegasus Sound and light in terms of Clause 3A.1.
3B.1.2 Risk as regards all loss or damage to the Products shall only pass to the Customer when Pegasus Sound and light has delivered the Products to the Customer.
3B.1.3 If the Products are lost or damaged due to any act, error, omission or neglect on the part of any carrier/courier, Pegasus Sound and light shall use its best endeavours to replace the Products with an identical or similar model as soon as reasonably practicable on being notified of such loss or damage. The customer is required to notify Pegasus Sound and light within 7 days of delivery if the item(s) is damaged on arrival or missing any parts.
3B.1.4 Delivery can only be made to mainland UK and Northern Ireland addresses.
3B.2 The date and time for delivery of any Products in accordance with these Terms is not a contractual commitment, but an estimate only. Pegasus Sound and light shall deliver the Product within thirty days, unless Pegasus Sound and light and the Customer have agreed a longer delivery period. If Pegasus Sound and light cannot deliver the Product within the period of thirty days or such longer delivery period as may have been agreed, Pegasus Sound and light shall immediately notify the Customer and agree another time for delivery. If neither Pegasus Sound and light nor the Customer can agree on another time for delivery, Pegasus Sound and light shall offer the Customer a refund of any monies paid to Pegasus Sound and light for the Product.
3B.3.1 Products are not delivered on a trial basis. The Customer shall upon receipt of the Products inspect the Products and if the Products conform to the Customer’s contract specifications, the Customer, or if not aged 18 or over, an adult aged 18 or over shall sign the delivery note accepting the Products.
3B.3.2 If the Products do not conform to the Customers contract specifications, the Customer must notify Pegasus Sound and light of any shortages, defects in the Products or any other complaint in respect of them within twenty-eight working days from the date of receipt. If Pegasus Sound and light delivers less than the contract quantity, Pegasus Sound and light shall use their best endeavours to make good the shortfall to the Customer, subject to stock availability, within 48 hours or in the absence of such stock within seven to ten working days of being notified of the shortfall by the Customer, all at the cost of Pegasus Sound and light. If Pegasus Sound and light delivers more than the contract quantity, the Customer shall either accept and pay for the quantity actually delivered or accept the contract quantity and return the excess Products to Pegasus Sound and light forthwith upon demand by Pegasus Sound and light, all at the cost of Pegasus Sound and light. If any Products are proven to be defective and such defects are notified to Pegasus Sound and light within twenty eight working days the Product or part thereof shall be replaced within three working days if stock is available or where a replacement is unavailable, the Customer shall be offered an equivalent but not identical piece of equipment, or Pegasus Sound and light shall offer the Customer a full refund, within thirty days, of the price paid for the Product.
3B.4.1 The Customer shall be entitled to cancel any order made with Pegasus Sound and light, for any reason, within seven working days from the day after receipt by the Customer of the Products. The Customer shall pay the cost of returning the Products. The Products must be returned in their original condition, in full working order and with all components (instruction booklet, remote control, etc.) For all Products returned in accordance with this Clause 3B.4.1, Pegasus Sound and light shall offer a full refund or, if preferred, an exchange of equal value. The right to cancel does not apply to goods purchased/collected from our warehouse.
3B.4.2 Notwithstanding the terms of Clause 3B.4.1, Pegasus Sound and light shall not accept the return of any sealed audio or video recordings or computer software (including software which is included with hardware controllers) , lamps or stylus, which have been subsequently opened by the Customer unless such items have a proven technical fault, in which case the provisions of Clause 3B.3.2 shall apply.
3B.4.3 Where products returned under warranty for repair or replacement and found not to be faulty, the Customer shall pay the cost of returning the unit and any collection charges.
3B.5 Customers may, at the discretion of Pegasus Sound and light, be able to place an order for Products which are not yet available for delivery not earlier than six months prior to the date when such products are either due to be manufactured, or imported to the United Kingdom. The Customer shall not be required to pay for the Products until the Products are available to be delivered to the Customer.
4 PAYMENT OF PRICE
4.1.1 All prices quoted by Pegasus Sound and light to the Customer are in pounds sterling or euros and shall be inclusive of Value Added Tax at the applicable rate from time to time, but exclusive of delivery charges, details of which may be obtained by the Customer on the Pegasus Sound and light website.
4.1.2 Pegasus Sound and light accepts, as a method of payment the following:-
Mastercard, Maestro/Switch, Solo, Visa, Visa Debit (Delta), Visa Electron. Pegasus Sound and light also accepts cheques and direct bank transfer.
4.2 Save as agreed between Pegasus Sound and light and the Customer, the Customer will pay all sums due under these Terms in full before the Products are delivered to the Customer.
4.3 Prices are subject to change without notice.
4.4 The Customers obligations under the terms of Clause 4 shall not be satisfied until Pegasus Sound and light is in the receipt of cleared funds.
4.5 Unless as part of any scheme or arrangement operated by Pegasus Sound and light, Pegasus Sound and light shall not offer any Customer any discounts.
Any or all statements, recommendations, advice and opinions made or expressed, including any statements referred to or contained, in any Pegasus Sound and light website, email correspondence, on-line chat sessions, news groups, brochures, catalogues, correspondence and the like are made or expressed in good faith and on the basis of information available to Pegasus Sound and light at the time. No statement, recommendation, advice or opinion or any other communication whatsoever is deemed to be a representation, undertaking, warranty, guarantee or contractual obligation on the part of Pegasus Sound and light. Pegasus Sound and light will not be liable to compensate the Customer for any loss of anticipated profits, damage to the customer’s reputation or goodwill, loss of expected future business or any damages, costs or expenses incurred by third parties who are not customers. In addition, Pegasus Sound and light shall not be liable to the Customer in respect of any losses suffered by the Customer where such losses were not reasonably foreseeable to both Pegasus Sound and light and the Customer when the Contract was made and Pegasus Sound and light shall not be liable for any losses incurred by the Customer unless such loss was caused by any breach of these Terms or otherwise on the part of Pegasus Sound and light.
6. FORCE MAJEURE
"Force Majeure" means any, act of God, strike, lock out, war, act of terrorism, flood, lightening, fire, explosion, earthquake, civil commotion or riot;
6.1 If performance of Pegasus Sound and light's obligations are delayed or hindered by Force Majeure the following provisions shall apply:-
6.1.1 Pegasus Sound and light will as soon as reasonably practicable give the Customer notice of the reasons for the delay or hindrance. However, failure to give such notice will not prevent Pegasus Sound and light relying on the remaining provisions of this clause, and Pegasus Sound and light will incur no liability for failure to give such notice.
6.1.2 Pegasus Sound and light's duty to deliver the Products shall be suspended for as long as the circumstances amounting to Force Majeure continue, and the time for performance of Pegasus Sound and light's obligations shall be extended by a period equal to the duration of those circumstances.
Any question concerning the construction, meaning or effect of these Terms, or any dispute concerning the rights or liabilities of the parties under these Terms may, unless resolved between Pegasus Sound and light and the Customer, be referred to arbitration, which Pegasus Sound and light and the Customer acknowledge shall be governed by the Arbitration Act 1996. Any arbitration process will however be voluntary and the Customer shall not be forced to take part.
Any notice required to be given by any party hereto to the other shall be deemed validly served if served by:-
(a) prepaid registered letter post to the registered office and trading addresses of the recipient or such other address as may from time to time be notified in writing for this purpose; or
(b) personal delivery by hand; or
(c) by facsimile transmission;
(d) by electronic mail,
and in the case of service upon Pegasus Sound and light shall be marked "Private and Confidential" and for the attention of the Operations Manager. Any notice so served shall be deemed to have been served:-
(i) in the case of (a) above forty-eight hours after posting the same; or
(ii) in the case of (b) above upon delivery; or
(iii) in the case of (c) above upon transmission; or
(iv) in the case of (d) above within forty eight hours.
In proving service it shall be sufficient to prove that the notice was properly addressed and posted, or that delivery took place, or that the notice was faxed or emailed to the then correct facsimile number or email address of the party.
No waiver by any party of any of the requirements hereof or of any of their rights hereunder, shall be effective unless given in writing and signed by or on behalf of that party and no forbearance, delay or indulgence by any party in enforcing the provisions of these Terms shall prejudice or restrict the rights of that party nor shall any waiver by any party of any of the requirements hereof or any of its rights hereinafter release any other party from full performance of their obligations stated herein.
The Customer shall not be entitled to use or copy the trademarks used by Pegasus Sound and light or copyright works or any other intellectual property either registered, owned or used by Pegasus Sound and light without the prior written consent of Pegasus Sound and light.
The contents of Pegasus Sound and light website including all images, text and sounds thereon, unless otherwise specifically stated, are the exclusive intellectual property of Pegasus Sound and light.
These Terms shall be construed and receive effect in accordance with the law of England and Pegasus Sound and light and the Customer agree to prorogate the exclusive jurisdiction of the English Courts.
Pegasus Sound and light shall not send any emails to Customers, except in connection with their order and delivery of the Products, unless the Customer has consented to the receipt of emails from Pegasus Sound and light by agreeing to join the Pegasus Sound and light mailing list. Should you wish to join the emailing list, please email [email protected]
All complaints received by Pegasus Sound and light shall be acknowledged within five working days and Pegasus Sound and light shall at the point of acknowledgement provide to the Customer a reasonable estimate of the timescale involved in handling and resolving any such complaint. Pegasus Sound and light shall keep the Customer informed as to the progress of his complaint.
Pegasus Sound and light are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998 and according to the Which? Web Trader Code of Practice.
Pegasus Sound and light collect information about you for 2 reasons: firstly, to process your order and secondly, to provide you with the best possible service.
Save to advise you on the progress of your order and its delivery, Pegasus Sound and light will not email you in the future unless you have given us your consent.
Pegasus Sound and light will give you the chance to refuse any marketing email from them or from another trader in the future.
The type of information Pegasus Sound and light will collect about you includes:
(i) your name
(iii) phone number
(iv) email address
(v) credit/debit card details
Pegasus Sound and light will never collect sensitive information about you without your explicit consent.
You can check the information that Pegasus Sound and light hold about you by emailing us. If you find any inaccuracies Pegasus Sound and light will correct it promptly.
The personal information which we hold is held securely in accordance with our internal security policy and the data protection act.
If Pegasus Sound and light intend to transfer your information outside the EEA (European Economic Area) Pegasus Sound and light will always obtain your consent first.
Pegasus Sound and light may use technology to track the patterns of behaviour of visitors to our site. This can include using a cookie which would be stored on your browser. You can usually modify your browser to prevent this happening. The information collected in this way can be used to identify you unless you modify your browser settings.