Terms & Conditions of Sale
STANDARD TERMS AND CONDITIONS FOR SALE OF GOODS OF Impact Audio (Impact Marketing Services Limited)
1 DEFINITIONS
In this document the following words shall have the following meanings:
1.1 "Buyer" means the person who buys Goods from the Seller;
1.2 “Consumer” means an individual acting for purposes wholly or mainly outside their trade, business, craft or profession.
1.3 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.4 "List Price" means the list of prices of the Goods maintained by the Seller as amended from time to time;
1.5 “Seller” means Impact Marketing Services Limited trading as Impact Audio, registered in England and Wales under company number 04289435. Our trading and correspondence address is Unit R2-16, Riverside, Mountbatten Way, Congleton, CW12 1DY. Our registered office is 17 Russell Avenue, Alsager, Stoke On Trent, ST7 2BL. VAT registration number: 784957265. Contact: info@impactaudio.co.uk; 01270 883243. Please contact us before sending goods to the trading address for return instructions.
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
2 GENERAL
2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
2.3 These terms are provided before purchase. Receiving goods does not by itself mean that a Buyer accepts terms introduced after the order.
2.4 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Seller.
2.5 Nothing in these terms limits rights that a Consumer has under applicable law. For Consumer purchases, the Refund & Returns Policy and the consumer protections in these terms take precedence over any inconsistent provision. Any change to agreed delivery information requires the Consumer's agreement.
3 PRICE AND PAYMENT
3.1 Product prices on the website identify the amounts including and excluding VAT where both are displayed. Applicable VAT, delivery charges and the total payable are shown before the order is completed. Delivery is included only where the selected option expressly provides this. For a written quotation, the quotation states the applicable price and tax basis.
3.2 Payment of the total purchase price (including VAT and any delivery charges) must be made in full before dispatch of the Goods.
4 DELIVERY
4.1 Delivery will be to the address and by the method agreed for the order. Our Delivery information explains delivery charges, free-delivery thresholds, special requirements, availability and dispatch. Charges depend on the price basis of the order and goods value after discounts. Agreed written account terms and accepted quotations or orders take precedence; we honour the delivery charge shown on an accepted website order.
4.2 We hold selected goods in UK stock; other goods are sourced to order, including from Visaton. An item being available to order does not mean that it is physically held in UK stock. Dispatch and delivery are different stages.
4.3 For Consumer purchases, we will deliver without undue delay and within 30 days unless a different delivery period has been agreed. This does not override an earlier delivery date agreed for the order.
4.4 If we cannot meet an agreed date, we will contact the Buyer to discuss the available options. A Consumer retains their legal rights concerning late delivery and cancellation; these rights are not excluded by describing a delivery date as an estimate.
4.5 Ownership of the goods passes on delivery once payment has been received in full. For Consumer purchases, risk passes when the Consumer or their nominated recipient takes physical possession, except where the Consumer independently appoints a carrier we did not offer. For business purchases, risk passes on delivery.
5 WARRANTY
The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller.
6 CANCELLATION AND RETURNS
6.1 Please check your order on arrival and contact us promptly about damage, faults or incorrect goods. A Consumer's legal rights are not lost solely because they did not report a problem within seven days.
6.2 The Refund & Returns Policy explains Consumer cancellation, refunds and faulty-goods returns and forms part of these terms. For business purchases, where goods are confirmed defective, the Buyer is entitled to replacement goods or a full refund, including delivery costs where applicable, plus return postal charges. We will arrange collection for large faulty goods. Any separately agreed business terms continue to apply.
6.3 Please contact us before sending goods back and include your order number where available. Please pack returns securely, include all accessories and use the original packaging where possible.
6.4 Any deduction from a Consumer cancellation refund must follow the Refund & Returns Policy and applicable law.
6.5 A business Buyer purchasing by internet, mail order, telephone or fax may cancel by informing us in writing or by email within seven working days of receipt. The goods must be returned at the Buyer's expense and should be adequately insured. We will refund the sums paid for the goods and original delivery charges within 30 days of cancellation, excluding the Buyer's return postage. Any separately agreed business terms continue to apply. Consumers have the cancellation rights described in the Refund & Returns Policy.
7 GUARANTEES
In addition to the Buyer's statutory rights, the Seller guarantees Goods against faulty workmanship and materials. For Visaton products bought from Impact Audio, the guarantee period is three years from the date of purchase. For other Goods, the guarantee period is 12 months from the date of delivery. Please contact the Seller with proof of purchase and details of the fault before returning Goods.
8 LIMITATION OF LIABILITY
The exclusions and financial limits in clauses 8.1 and 8.2 do not apply to Consumer purchases. Nothing in these terms excludes liability that cannot lawfully be excluded, including liability for fraud or fraudulent misrepresentation. For Consumer purchases, our liability is determined by applicable law.
8.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury, however the Seller shall not be liable for any direct loss or damage suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Goods.
8.2 The Seller shall not be liable under any circumstances to the Buyer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
9 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
This clause does not remove a Consumer's rights concerning delay, cancellation or refunds.
10 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
11 GOVERNING LAW AND JURISDICTION
These terms are governed by the law of England and Wales. Consumers retain the mandatory protections and rights to bring proceedings in the courts available to them under applicable law. For business purchases, the courts of England and Wales have exclusive jurisdiction.
