J.A.G. RESPONSE  - Terms and Conditions

INTRODUCTION

·  1

These Terms and Conditions apply to your purchase of goods from us, J.A.G. RESPONSE. You are advised to read them before you place an order with us.

·  2

The Consumer Protection (Distance Selling Regulations) 2000 apply to the contract for the supply of goods to you under these Terms and Conditions. These regulations contain important rights for you as a consumer. These regulations are referred to in these Terms and Conditions as the REGULATIONS.

 

·  3

We will not accept any amendments to these Terms and Conditions except as imposed by law. If your order attempts to change these Terms and Conditions, then the change will not apply even if we accept your order.

·  4

A description of our goods and their main specifications and characteristics appear on this website www.jagresponse.com  You are strongly advised to check the specifications and characteristics of the goods on this website before you place your order.

·  5

The Contract to Supply the Goods: Our website advertising is not an offer by us to sell goods to you. It is an invitation to you to place an order. Your order is your offer to buy goods from us. We may accept or refuse your order in our absolute discretion and without giving any reasons. Our usual practice is to issue you with a confirmation of receipt of your order but this will not constitute an acceptance of your offer (and therefore no contract is made) until:

(a) in the case of credit or debit card purchases, until we have received payment from your credit or debit card; or

(b) where you are buying on a finance agreement, until we receive notification from the finance company that it has received your properly completed and signed finance agreement and we have also received confirmation that you have been accepted for finance by the finance company.

This is when we have a contract.

·  6

We make every effort to ensure that all prices, descriptions and availability of goods are correct and accurate. However, it is inevitable that mistakes will occasionally occur, as examples only, where the price displayed is an old price and genuinely not our current price or where goods are not in stock or where the goods requested are 'end of line' goods and are no longer available from the manufacturer. In the case of an error or omission (which we will notify you about) either of us will have the right to cancel the contract. In these circumstances, we will only be liable to return any money you have paid to us . See also under the heading Prices below.

·  7

J.A.G. RESPONSE  is a supplier of leading manufacturer's goods and, does not set the specifications for any goods supplied. This is done by the manufacturers and the manufacturers may change specifications from time to time. Therefore J.A.G. RESPONSE  shall not be held liable for non-material inaccuracies in specifications which do not relate to the main characteristics of the goods, whether verbally given or online. Customers are advised to check with the manufacturer direct before making a purchase.

·  8
IMPORTANT NOTICE TO CUSTOMERS: RETURN OF CANCELLED GOODS

These Terms and Conditions require you to return the goods to us if you exercise your right to cancel the contract under the Regulations and they also require you to pay for the cost of returning the goods or our cost of recovering them from you if you do not return them. Please refer to the details under the heading Cancellation below. If you are not a consumer within the Regulations or if you are not buying by means of distance communication (which includes over the Internet through our website, but which excludes buying at our showroom and online auction) or you are not resident in the UK then you do not have a right to cancel under the Regulations. If you are acting for the purpose of a business, you are not a consumer

PRICES

·  9

Our prices are in UK pounds Sterling and are as set out on our website. Our website also sets out wherever VAT is payable in addition.

·  10

We reserve the right to change our prices at any time. We endeavour to put price changes onto our website immediately. However, if our genuine current price is different from the price shown on the website at the time of your order you will be notified about this error. If the goods are in stock you can choose whether or not to proceed with your order or contract and if we do have a contract, either of us has the right to cancel the contract, as referred to above. Subject to this, the prices remain valid as set out on the website until we decide to change them.

·  11

Unless we agree, we only accept payment by means of a current, valid credit or debit card or from the finance company who is providing you with finance under a finance agreement. We reserve the right to make whatever credit checks or anti-fraud checks we think necessary.

·  12

Goods Supplied Free Under Promotion: The value of any free item is 0.001 pence. Compensation will not be provided if the goods cannot be provided due to unforeseen circumstances or any circumstances beyond our control.

·  13

We reserve the right to charge customers the full price on goods supplied on promotion (as free) or at a promotional price if not returned with the goods purchased. This also applies to cancellations and part cancellations.

DELIVERY AND PICK-UP

·  14

We aim to deliver the goods to you within 5 working days after acceptance of your order. This may be longer in busy periods. We do NOT guarantee a delivery date or time (but see paragraph 2 below concerning our 30 day obligation).

·  15

Under the Regulations we must perform the contract (including delivery) no later than 30 days starting with the date of acceptance of your order.

·  16

Under these Terms and Conditions, time is not of the essence unless otherwise stated (as in paragraph 2 above where we have a 30 day obligation under the Regulations). Time of the essence means that the stated time must be strictly abided by, failing which rights will be lost. The time limits contained in paragraphs 9 and 10 under this heading are of the essence.

·  17

Delivery will be made to you by our appointed carrier or its agent.

·  18

You (and nobody else) must sign for the goods on delivery. You should NOT allow anyone else to sign for you. If someone other than you does sign (even with your permission) we will have no liability to you for any loss or theft of or damage to the goods after delivery.

·  19

We recommend that you examine and test the goods before signing for them. If you are not able to fully test or check the goods, please ensure that you sign the courier note as NOT CHECKED. Your attention is drawn to paragraphs 9 and 10 of this section below about the need for you to notify us of damaged or defective goods.

·  20

If requested by our carrier or its agent, you must produce satisfactory evidence of your identity and the current, valid and signed credit or debit card which you used for the purchase.

·  21

IMPORTANT NOTICE: Where the goods are large or too heavy for a single person to handle (as examples only, TV's and flat screens), you or someone on your behalf must assist in the removal from the delivery vehicle and into the place of delivery. We are under no liability to the person who assists on delivery and any assistance given will be given entirely at that person's own risk, subject to death or personal injury referred to above.

·  22

If the goods have been delivered in a damaged condition (whether or not the damage was apparent at the time of delivery) and you do not want to exercise your right to cancel the contract under the Regulations you must notify us by telephone or preferably in writing (including email) within 7 days after delivery. If you do not notify us, then we will NOT accept any liability for the damage. This is because our contract with our carrier requires us to notify them of goods delivered damaged within 14 days after our carrier collects the goods from us for transit and if we cannot do so because you have not notified us, then the goods are not covered by the carrier's insurance and we will not be reimbursed by the carrier. We remind you that this does not affect your right to cancel the contract under the Regulations by no later than 7 working days after delivery which you may still exercise.

·  23

If you claim the goods are defective (as opposed to damaged in transit) and you do not wish to exercise your right to cancel under the Regulations you must notify us in writing of the defect giving full details within 7 days after delivery. If you do not do so then you will be taken to have accepted the goods in their condition and you will have no right to reject the goods or any right to require a refund or replacement goods or any compensation. We remind you that this does not affect your right to cancel the contract under the Regulations by no later than 7 working days after delivery which you may still exercise.

·  24

You should not alter the goods or attempt to repair goods which are damaged or faulty or allow anybody else to do so. If you do so you will have accepted the goods in their condition and you will have no right to reject them and we will NOT be liable to repair or replace the goods or to refund or compensate you.

·  25

We will not accept liability for loss, theft or damage to any other item which you include with the goods on their return to us (including any which may be trapped within the goods) unless we request you to include them.

DELIVERY, PICK-UP AND STORAGE CHARGES

·  26

Depending on your location and the type and value of the goods to be supplied, you may have to pay delivery and pick-up charges. Please refer to the Schedule below for these charges. You may have also have to pay delivery and pick up charges and other charges in certain other circumstances (see below). All non-UK mainland addresses do not qualify for free pickup or delivery in any circumstance.

·  27

Details of our delivery and pick-up charges are set out under the heading General below.

·  28

Pick-up means where our carrier or its agent collects goods from you to bring back to us.

·  29

Our prices include the cost of the first attempt at delivery but not second or subsequent attempts if the first attempt is unsuccessful and the goods are returned to the carrier's depot or to J.A.G. RESPONSE . Therefore you must pay for any second or subsequent attempts at delivery.

·  30

If goods have been returned to us for repair and on our reasonable inspection they are found not to be defective then you must pay all pick-up and re-delivery charges incurred and to be incurred by us. All such charges must be paid before we arrange for any further carriage.

·  31

If you refuse to accept delivery of the goods, or you are not present on the appointed day and/or time for delivery which has been specifically agreed with us, we may charge you for all return and re-delivery charges incurred or to be incurred by us.

·  32

In respect of goods which have been damaged in transit in the course of delivery to you, and in respect of goods which you claim are defective, we will pay the pick up and re-delivery charge provided that you give us the notice required under paragraphs 9 or 10 under the heading Delivery and Pick Up above. If you do not give notice you will be responsible for the pick up and re-delivery charges.

·  33

If we are in possession of your goods in circumstances where you are liable to pay us any money, for example carriage costs, and you refuse to do so, we may charge you a storage charge of £2 per package of goods per day and we may also retain your goods as security until we receive payment from you. If you refuse to pay we may also sell the goods so that we can be paid and we will send you any balance of the sale proceeds.

·  34

If you return goods to us for repair and no fault can be found with the goods after our reasonable inspection and testing, we may charge you an inspection charge of £35 and we may retain your goods until we have received payment from you.

·  35

Where you have not exercised your right to cancel under the Regulations, we will not under any circumstances refund or replace any goods (including incomplete packages) until the goods are returned to J.A.G. RESPONSE  and are in J.A.G. RESPONSE 's possession. We do not offer a swap-out or exchange on delivery service. Where you have exercised your right to cancel under the Regulations, you must take reasonable care of the goods and when you send the goods back to us, under the Regulations you must take reasonable care to see that we receive them and that they are not damaged in transit. See also under the heading Cancellation below.

CANCELLATION

·  36

Under the Regulations (which apply to your purchase of our goods) you have a right to cancel the contract by giving us written notice of cancellation (delivering the notice by hand or by post or fax or email).

·  37

You must give us the notice of cancellation in the cancellation period. This period starts with the date on which the contract for the purchase of the goods is concluded and ends 7 working days as from and including the day after you receive the goods. Working days excludes Saturdays, Sundays and public holidays. As to when a contact is concluded please refer to paragraph 5 under the heading Introduction above,

·  38

If you do cancel we will reimburse you the money you paid for the goods (or which was paid on your behalf including under a credit agreement) as soon as possible and in any event within 30 days starting with the date you gave us notice of cancellation. We will make a deduction from this payment if paragraph 4 below applies.

·  39

If you cancel the contract you must return the goods to us at your own cost. If you do not return the goods then we will charge you the pick up charge set out under the heading General below, which represents our direct costs of recovering the goods. When you return the goods to us, under the Regulations you must take reasonable care to see that that we receive them and that they are not damaged in transit. We strongly recommend that you use the manufacturer's original box and interior packaging when returning goods but if this is no longer available, when taking reasonable care to see that they are not damaged in transit you must use other appropriate packaging bearing in mind the sensitive nature of the components within the goods.

·  40

If you cancel, you are under a duty to keep possession of the goods and to take reasonable care of them. If you do not take reasonable care of the goods, we will be able to make a claim against you for our loss. If we serve a notice on you within 6 months starting on the date you cancelled requesting return of the goods then your duty to keep and take reasonable care of them will continue until you return the goods. If no such notice is served, then your duty will last for the 6 months.

·  41

You do not have a right to cancel the contract where our contract relates to providing our DVD multi-region modification services in respect of your own player if we have started the modification work before the end of the cancellation period. In this case the cancellation period starts on the date when the contract is concluded (see paragraph 2 above) and ends on the expiration of 7 working days calculated from and including the day after the date of conclusion of the contract.

·  42

If you wish to cancel the contract after more than the 7 working days allowed for under the Regulations, or where we are not at fault under the contract which would entitle you to cancel it, then it will be entirely at our discretion whether to accept cancellation and make a refund. It is our policy under these circumstances to charge an administration fee of at least 15% of the original purchase price (excluding VAT) and the carriage charges which we could have been charged for the initial delivery plus pick up charges. We would only consider accepting a cancellation and return in these circumstances if the goods are in new condition and we could sell them as such. This paragraph 42 creates no legal obligation on us and is entirely at our discretion.

·  43

You must note that your right to cancel under the Regulations does not apply to goods made to your specifications or clearly personalised or which because of their nature cannot be returned or are liable to expire rapidly.

·  44

Where the goods supplied consist of more than one item (for example only, a television and storage unit) and any one of those items (or any part) has been made to your specification (for example only, your specification on shelving) then all the goods supplied will be deemed to have been supplied together as one item under one order and the goods will not be capable of being split for the purposes of the right to reject under the Regulations.

PACKAGING

·  45

Where you have not exercised your right to cancel the contract under the Regulations but you are returning the goods to us, or we arrange to have then picked up from you, because you believe they have been damaged or are defective, you must still take reasonable care to see that we receive them and that they are not damaged in transit. We strongly recommend that you use the manufacturer's original box and interior packaging when returning goods but if this is no longer available, when taking reasonable care to see that they are not damaged in transit you must use other appropriate packaging bearing in mind the sensitive nature of the components within the goods.

·  46

If you do not comply with this requirement the goods will NOT be covered by our carrier's insurance or by our insurance so if they are damaged in transit we will NOT be liable for such damage and nor will we be liable to repair the goods.

MANUFACTURER`S GUARANTEE

·  47

During the period of the Guarantee (generally one year in relation to brand new goods, but you should check your Guarantee details provided with the goods), subject to the conditions below and any other manufacturer's conditions, products will be repaired free of charge for both parts and labour on the basis of 'Return To Base'. Under the Guarantee J.A.G. RESPONSE  obligations are limited to the repair or, at its sole discretion, replacement of the product or the defective part. Any appliance or defective part, which has been replaced, shall become our property.

·  48

If you want to claim under the Guarantee, you must contact J.A.G. RESPONSE  first of all and obtain a Returns Number.

·  49

You are strongly advised to keep your original invoice or sales receipt and the original of the Guarantee documents. If these are lost or defaced, we reserve the right to ask for reasonable proof of your identity and your purchase of the goods. Failure to do so may mean that you will not be able to claim under the Guarantee.

·  50

You will not be able to claim under the Guarantee if the serial number on the goods has been altered, deleted, removed or is illegible.

·  51

The guarantee is personal to the original purchaser and not transferable. On quantity purchases, J.A.G. RESPONSE  will deal with the person/company who made the purchase only; J.A.G. RESPONSE  will not deal with any person/company who is unable to produce proof of identity or purchase from us.

·  52

This guarantee does not cover the following:

(a) Damage caused by accident, neglect, lightning, water, fire, war, public disturbances and acts of God.

(b) Any adaptations or adjustments or modifications to the goods not made by J.A.G. RESPONSE  and without the prior written consent of J.A.G. RESPONSE

(c) Misuse, including but not limited to:
(i) Failure to use the product for its normal purpose;
(ii) Usage inconsistent with stated instructions on proper use and maintenance;
(iii) Installation and usage inconsistent with national or local technical and/or safety standards (this includes but is not limited to incorrect mains voltage and improper ventilation);
(iv) Improper or incorrect installation of software and/or firmware;

(d) Repairs, or any attempted repairs not done or authorised by J.A.G. RESPONSE ;

(e) Periodic check ups, maintenance and repair or replacement of parts due to normal wear and tear (for instance, but not limited to, bulbs, batteries, dust covers, belts, cabinet parts or any parts with a limited natural life);

(f) Goods supplied on an ex-demo, refurbished or B-grade basis;

(g) Failure to follow our or the manufacturer's oral or written instructions as to the use, installation, storage, commissioning or maintenance of the goods.

LIMITATION OF LIABILITY

·  53

In addition to your death and personal injury to you referred to in paragraph 8 under the heading Introduction above, we shall have no liability to you for any loss or damage suffered by you in the supply of the goods or under these Terms and Conditions or in any other circumstance where such loss or damage:

·  54

was not forseeable by us as parties to the contract at the time we enter into the contract; or

·  55

was not caused by us; or

·  56

was suffered by you in your business.

GENERAL

·  57

Our registered office and principal place of business is at J.A.G. RESPONSE , Altinkum, Didim Turkey.

·  58

Our delivery and pick up charges (where payable) are set out in the Schedule below which forms part of these Terms and Conditions.

·  5

If goods are out of stock we will not supply substitute goods without your agreement

THIRD PARTIES

·  60

Pursuant to section 1(2) of the contracts (Rights of Third parties) Act 1999 we both agree that no terms of the contract between us for the supply of the goods may be enforced by a Third Party as defined by that Act.

LAW AND JURISDICTION

·  61

The contract , including these Terms and Conditions, are subject to English law and we both agree to submit to the non-exclusive jurisdiction of the English courts.

SCHEDULE

FOR PICKUPS, CANCELLATION PICKUPS, DELIVERY ON RETURNS, etc:

UK Mainland

·  Small - Medium packages by courier: £11.75 each way per package

·  Heavy items by courier: £40 - £100 each way per item

Northern Ireland

·  Small - Medium packages by courier: £20 each way per package

·  Heavy items by courier: Please enquire

Channel Islands, Offshore Islands

·  Small - Medium packages by courier: £40 each way per package

·  Heavy items by courier: Please enquire

Republic or Ireland

·  Small - Medium packages by courier: £20 each way per package

·  Heavy items by courier: Please enquire

Non UK addresses

·  Dependent on item and location, please enquire

For new orders

(Not returns / pickups / etc):

UK Mainland

·  Orders over £50: Included

·  Orders less than £50: £7.00

Northern Ireland

·  Small - Medium packages by courier: £20

·  Heavy items: £40 - £100

·  Small items over £50 by Royal Mail: Included

·  Small items less than £50 excluding VAT by Royal Mail: £7

Channel Islands, Offshore Islands

·  Small - Medium packages by courier: £40

·  Heavy items by courier: Please enquire

·  Small items over £50 by Royal Mail: Included

·  Small items less than £ by Royal Mail: £7

Republic or Ireland

·  Small - Medium packages by courier: £20

·  Heavy items by courier: Please enquire

Non UK addresses

·  Dependent on item and location, please enquire