Tel: 0845 269 5687
Terms and Conditions
These terms and conditions shall apply to every order placed by any customer ("Customer") on LUXURY DIGITAL LTD company number 5988488, registered offices at 5 Dyrham Close, Sunderland SR2 0DA ("Luxury Digital") for any goods or services.
These terms and conditions were last updated the 17th January 2010
THEREFORE IT IS AGREED:
1. Contracts.
These terms and conditions constitute the entire agreement of the parties, and all other communications, warranties (whether express or implied) representations, understandings or agreements with respect to the subject matter hereof are specifically excluded. These terms and conditions may be modified only by written agreement signed by a director of Luxury Digital . All orders for products whether written, verbal or by email will be subject to the terms of these terms and conditions and any Customer terms in any order which are inconsistent with these terms and conditions shall be null and void. Luxury Digital shall have no obligation to accept all or any orders.
2. Product Supply.
2.1 Luxury Digital will supply to Customer (subject to the trademark and/or copyright of Luxury Digital and/or its suppliers) any product(s) on the terms set out in these terms and conditions.
2.2 Unless otherwise agreed, products will be dispatched to Customer's premises FOB. From the deposit of products by Luxury Digital at a courier of Customer's choice all risk in the products shall be borne by Customer.
2.3 Any products not supplied by Luxury Digital but purchased by Customer from any third party shall not be subject to any of the warranties contained herein.
3. Supply of Services
3.1 Luxury Digital will supply services to Customer at its then current published rates or subject to an agreed written quotation.
3.2 The Customer shall obtain and pay for all necessary consents and permissions for any installation and shall, when requisite and at their own cost, provide a supply of electricity for the installation.
3.3 The Customer is responsible for ensuring that any electrical work is carried out by a suitably qualified person. Any remedial work or time required due to a faulty or substandard installation will be at the Customer's expense.
3.4 Where possible Luxury Digital will check the integrity of any cables installed by third party contractors. However any remedial work required as a result of damage by contractors will be at the Customer's expense.
4. Price and Payment.
4.1 Customer will pay Luxury Digital the appropriate purchase price for any product(s) and/or fees for the services as advised by Luxury Digital on the acceptance of any order. Property and risk in any product shall pass on payment in full by Customer of the price of the relevant product.
4.2 All sums referred to in Clause 4.1 shall be payable by credit card or cash at time of order or within 7 days of invoice date at the discretion of Luxury Digital.
4.3 Past due amounts owed by the Customer shall bear interest at the rate of 1.5% per month. Customer shall reimburse Luxury Digital for all reasonable costs incurred in the collection of past due amounts owed by Customer.
4.4 Purchase prices and fees stated by Luxury Digital are net of VAT. The relevant VAT and any future relevant taxes or tariffs not currently in force will be paid to Luxury Digital by Customer.
4.5 Any cancellation of an order or part thereof may result in loss to Luxury Digital for which Customer will be liable.
5. Copyright and Intellectual Property.
5.1 No right title or interest in any copyright, patent or other intellectual property right in any products shall pass to or vest in customer except as may be expressly granted under the terms of any supplemental agreement or software licence agreement supplied with any program.
5.2 Customer shall ensure that all copyright notices on any product shall not be deleted and shall be accurately reproduced on all copies of the same.
5.3 Unless otherwise agreed in writing, all intellectual property rights relating to or connected with the provision of any product or services shall automatically vest in Luxury Digital or its licensors and the Customer undertakes to execute such documentation as may be necessary to perfect the title of Luxury Digital or its licensors to such rights.
6. Data Protection and Privacy
6.1 As required by the Data Protection Act, we follow strict security measures in the storage of Personal Information to prevent unauthorised access. We will hold all information which we may have access to as a result of the provision of services to you in strict confidence. It is your responsibility to ensure that any information you hold and to which you may grant us access is not obscene or defamatory, and that you hold a current data protection registration in respect of the details of any third parties that you may hold.
6.2 You warrant to us that all software programs installed at your premises are legally licensed. We will not deal with unlicensed software or any information that is offensive or obscene or otherwise illegal and notwithstanding anything to the contrary herein reserve the right to disclose the same to any relevant authority should it come to our attention.
7. Warranty and Limitation of Liability.
7.1 Luxury Digital warrants that any services provided under these terms and conditions shall be performed in a professional and workmanlike manner. The warranty relating to any products purchased or licensed hereunder shall be that provided by the manufacturer or as set out in any software license agreement supplied with the product.
7.2 SAVE AS SET OUT IN 7.1, LUXURY DIGITAL MAKES NO EXPRESS OR IMPLIED WARRANTY WITH
RESPECT TO ANY PROGRAM OR GOODS OR SERVICES TO BE SUPPLIED BY LUXURY DIGITAL, INCLUDING
WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. LUXURY DIGITAL DOES NOT WARRANT THAT ANY PROGRAM WILL BE ERROR-
7.3 IN NO EVENT SHALL LUXURY DIGITAL BE LIABLE FOR ANY LOSS OF PROFITS, BUSINESS, USE, DATA OR INFORMATION OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO DAMAGES RESULTING FROM LOSS OF USE, LOSS OF ANTICIPATED SAVINGS OR LOST DATA EVEN IF LUXURY DIGITAL HAS BEEN ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY THEREOF, OR FOR ANY CLAIM BY ANY THIRD PARTY.
7.4 Customer agrees that Luxury Digital's liability under these terms and conditions in contract or tort or howsoever arising shall not exceed the total amount of fees paid by Customer to Luxury Digital. This limitation shall not apply to death or personal injury caused by Luxury Digital's negligence.
7.5 The operation of this Clause 7 shall survive the termination of these terms and conditions.
8. Term/Termination.
8.1 These terms and conditions shall take immediate effect on signature or acceptance of any order by Luxury Digital if earlier, and shall remain in force until terminated as provided below.
8.2 Either party may at its option terminate these terms and conditions by written notice:
8.2.1 Immediately should the other party commit any act of bankruptcy (or any act which in the case of an individual would constitute an act of bankruptcy); or
8.2.2 Where not remediable, on breach by the other party of these terms and conditions; or
8.2.3 Where remediable if any breach by the other party of these terms and conditions is not corrected within 30 days of written notice.
8.3 On expiry or termination of these terms and conditions, each party shall return and made no further use of property, materials and other items (and all copies thereof) belonging to the other.
8.4 Termination of these terms and conditions or any supplemental agreement shall not prejudice either party's accrued rights.
9. General
9.1 These terms and conditions may not be assigned or otherwise transferred without Luxury Digital' prior written consent.
9.2 The failure or delay by either party to enforce any term of these terms and conditions shall not be deemed a waiver of such term.
9.3 These terms and conditions are subject to any governmental laws, orders or other restrictions ("Export Requirements") on the export of products and related information and documents which may be applicable to Luxury Digital or its licensors which may be imposed from time to time by the governments of the United States of America or the United Kingdom. Customer will not commit any act or omission which will result in a breach of any such Export Requirements.
9.4 No delay, failure or default in performance of an obligation hereunder shall constitute a breach of these terms and conditions to the extent caused by force majeure.
9.5 All notices shall be in writing and delivered by hand or sent by first class prepaid mail to the above address of the other party or as otherwise notified and shall be deemed received on the earlier of actual receipt or five days after deposit in the mail.
9.6 These terms and conditions shall be governed by and construed under English law and the courts of England shall have exclusive jurisdiction.
SIGNED BY
Luxury Digital
CUSTOMER