Voiceonics Ltd
Website Terms and Conditions.
 
Website acceptable use policyTerms of website usePrivacy policyCookie policy
WEBSITE TERMS AND CONDITIONS OF SUPPLY

 

This page (together with our  Privacy policy,  Terms of website use and  Website acceptable use policy
which form part of the buyer’s use of the website and purchase of

products on the website) tells you information about us and the legal terms and conditions

(Terms) on which we sell any of the products (Products) listed on our website (our site)

to you.

 
These Terms will apply to any contract between us for the sale of Products to you

(Contract). Please read these Terms carefully and make sure that you understand them,

before ordering any Products from our site. Please note that before placing an order you

will be asked to agree to these Terms.

 

Please click on the button marked "I Accept" at the end of these Terms if you accept them.

If you refuse to accept these Terms, you will not be able to order any Products from our

site.

You should print a copy of these terms or save them to your computer for future

reference.

We amend these Terms from time to time as set out in clause 8. Every time you wish

to order Products, please check these Terms to ensure you understand the terms which

will apply at that time. These Terms were most recently updated on 27th October

2012.

These Terms, and any Contract between us, are only in the English language.

 

1. INFORMATION ABOUT US

 

1.1 We operate the website voiceonics.co.uk. We are Voiceonics Limited, a company

registered in England and Wales under company number 7030041 and with our registered

office at 29 Foxbridge Drive, Hunston, Chichester, West Sussex, PO20 1NQ. Our VAT

number is 136700039.

 
1.2 To contact us, please see our Contact Us page.

 

2. OUR PRODUCTS

2.1 The images of the Products on our site are for illustrative purposes only. Although we

have made every effort to display the colours accurately, we cannot guarantee that your

computer's display of the colours accurately reflect the colour of the Products. Your

Products may vary slightly from those images.

 
2.2 Although we have made every effort to be as accurate as possible, all sizes, weights,

capacities, dimensions and measurements indicated on our site have a 2% tolerance.

 

3. USE OF OUR SITE
 
Your use of our site is governed by our  Terms of website use and  Website acceptable use policy.
Please take the time to read these, as they include important terms which apply to

you.

 

4. HOW WE USE YOUR PERSONAL INFORMATION

 

We only use your personal information in accordance our Privacy Policy. For details, please

see our  Privacy policy. Please take the time to read these, as they include important terms

which apply to you.

 

5. IF YOU ARE A CONSUMER

 

This clause 5 only applies if you are a consumer.

5.1 If you are a consumer, you may only purchase Products from our site if you are at

least 18 years old.
 

5.2 We intend to rely upon these Terms and our Privacy Policy, Terms of Website Use and

Website Acceptable Use Policy in relation to the Contract between you and us. While we

accept responsibility for statements and representations made by our duly authorised

agents, please make sure you ask for any variations from these Terms to be confirmed in

writing.
 

5.3 As a consumer, you have legal rights in relation to Products that are faulty or not as

described. Advice about your legal rights is available from your local Citizens' Advice

Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

 

6. IF YOU ARE A BUSINESS CUSTOMER

This clause 6 only applies if you are a business.

6.1 If you are not a consumer, you confirm that you have authority to bind any business

on whose behalf you use our site to purchase Products.
 

6.2 These Terms and our Privacy Policy, Terms of Website Use and Website Acceptable Use

Policy constitute the entire agreement between you and us. You acknowledge that you

have not relied on any statement, promise or representation made or given by or on behalf

of us which is not set out in these Terms or our Privacy Policy, Terms of Website Use and

Website Acceptable Use Policy.

 

7. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

 

7.1 For the steps you need to take to place an order on our site, please see our  Order
page.
 

7.2 Our order process requires you to complete an order form. Please take the time to

read and check your order before sending it to us.
 

7.3 After you place an order, you will receive an e-mail from us acknowledging that we

have received your order and confirming our acceptance of your order.
 

7.4 The Contract between us will only be formed when we send you the e-mail

acknowledging and accepting your order.
 

7.5 If we are unable to supply you with a Product, for example because that Product is not

in stock or no longer available or because of an error in the price on our site as referred to

in clause 13.5, we will inform you of this by e-mail and we will not process your order. If

you have already paid for the Products, we will refund you the full amount as soon as

possible.

 
8. OUR RIGHT TO VARY THESE TERMS
 

8.1 We may revise these Terms from time to time in the following circumstances:

(a) changes in how we accept payment from you; and

(b) changes in relevant laws and regulatory requirements
 

8.2 Every time you order Products from us, the Terms in force at that time will apply to

the Contract between you and us.
 

8.3 Whenever we revise these Terms in accordance with this clause 8, we will keep you

informed and give you notice of this by stating that these Terms have been amended and

the relevant date at the top of this page.

 

9. YOUR CANCELLATION AND REFUND RIGHTS IF YOU ARE A CONSUMER

 

This clause 9 only applies if you are a consumer.

9.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer

Protection (Distance Selling) Regulations 2000 during the period set out below in

clause 9.3. This means that during the relevant period if you change your mind or for any

other reason you decide you do not want to keep a Product, you can notify us of your

decision to cancel the Contract and receive a refund. Advice about your legal right to

cancel the Contract under these regulations is available from your local Citizens' Advice

Bureau or Trading Standards office.
 

9.2 However, this cancellation right does not apply in the case of:

(a) any made-to-measure or custom-made products;

(b) newspapers, periodicals or magazines;

(c) perishable goods, such as food, drink or fresh flowers;

(d) software, DVDs or CDs which have a security seal which you have opened or unsealed
 

9.3 Your legal right to cancel a Contract starts from the date of the e-mail confirming

acknowledgement and acceptance of your order, which is when the Contract between us is

formed. If the Products have already been delivered to you, you have a period of 7 (seven)

working days in which you may cancel, starting from the day after the day you receive the

Products. Working days means that Saturdays, Sundays or public holidays are not included

in this period.
 

9.4 To cancel a Contract, you must contact us in writing by sending an e-mail to

 accounts@voiceonics.co.uk or by sending a letter to 29 Foxbridge Drive, Hunston,

Chichester, West Sussex, PO20 1NQ. You may wish to keep a copy of your cancellation

notification for your own records.
 

9.5 You will receive a full refund of the price you paid for the Products and any applicable

delivery charges you paid for. We will process the refund due to you as soon as possible

and, in any case, within 30 calendar days of the day on which you gave us notice of

cancellation as described in clause 9.5. If you returned the Products to us because they

were faulty or mis-described, please see clause 9.6.
 

9.6 If you have returned the Products to us under this clause 9 because they are faulty or

mis-described, we will refund the price of a defective Product in full, any applicable

delivery charges, and any reasonable costs you incur in returning the item to us.
 

9.7 If you paid for the Product(s) using a credit card, debit card or PayPal, we will refund

you on the credit card, debit card or PayPal used by you to pay. If you paid for the

Product(s) by cheque, we will refund you by cheque.
 

9.8 If the Products were delivered to you:

(a) you must return the Products to us at 29 Foxbridge Drive, Hunston, Chichester, West

Sussex, PO20 1NQ as soon as reasonably practicable;

(b) unless the Products are faulty or not as described (in this case, see clause 9.6), you

will be responsible for the cost of returning the Products to us;

(c) you have a legal obligation to keep the Products in your possession and to take

reasonable care of the Products while they are in your possession.
 

9.9 Details of your legal right to cancel and an explanation of how to exercise it are

provided in the e-mail confirming acknowledgement and acceptance of your order.
 

9.10 As a consumer, you will always have legal rights in relation to Products that are faulty

or not as described. These legal rightsare not affected by the returns policy in this clause

9 or these Terms. Advice about your legal rights is available from your local Citizens'

Advice Bureau or Trading Standards office.

 

10. DELIVERY

 

10.1 Your order will be fulfilled by the estimated delivery date set out in the e-mail

confirming acknowledgement and acceptance of your order, unless there is an Event

Outside Our Control. If we are unable to meet the estimated delivery date because of an

Event Outside Our Control, we will contact you with a revised estimated delivery date.
 
 

10.3 The Product(s) will be delivered to you by Royal Mail and delivery will be subject to

Royal Mail’s conditions of carriage.
 
10.4 The Products will be your responsibility from the completion of delivery.
 

10.5 You own the Products once we have received payment in full, including all applicable

delivery charges.

 

11. INTERNATIONAL DELIVERY

 

11.1 We deliver to the countries within the EU only (International Delivery

Destinations). However there may be restrictions on some Products for certain

International Delivery Destinations.
 

11.2 If you order Products from our site for delivery to one of the International Delivery

Destinations, your order may be subject to import duties and taxes which are applied

when the delivery reaches that destination. Please note that we have no control over these

charges and we cannot predict their amount.
 

11.3 You will be responsible for payment of any such import duties and taxes. Please

contact your local customs office for further information before placing your order.
 

11.4 You must comply with all applicable laws and regulations of the country for which the

Products are destined. We will not be liable or responsible if you break any such law.

 

12. NOT USED
 
 
13. PRICE OF PRODUCTS AND DELIVERY CHARGES

 

13.1 The prices of the Products will be as quoted on our site from time to time. We take all

reasonable care to ensure that the prices of Products are correct at the time when the

relevant information was entered onto the system. However if we discover an error in the

price of Product(s) you ordered, please see clause 13.5 for what happens in this event.
 

13.2 Prices for our Products may change from time to time, but changes will not affect any

order which we have confirmed with an e-mail confirming acknowledgement and

acceptance of an order.
 

13.3 The Products are VAT exempt for customers who are entitled to complete a VAT

exemption form. However, for customers who are not entitled to complete a VAT

exemption form, the price of a Product excludes VAT at the applicable current rate

chargeable in the UK for the time being. However, if the rate of VAT changes between the

date of your order and the date of delivery (and you are not entitled to complete a VAT

exemption form), we will adjust the VAT you pay, unless you have already paid for the

Products in full before the change in VAT takes effect.
 

13.4 The price of a Product includes delivery charges for destinations within the UK only.

For destinations outside the UK but within the EU, before placing your order, please e-mail

us at  postage@voiceonics.co.uk for details of the applicable delivery charge.
 

13.5 It is always possible that, despite our reasonable efforts, some of the Products on our

site may be incorrectly priced. If we discover an error in the price of the Products you have

ordered we will inform you in writing and by e-mail where applicable to inform you of this

error and we will give you the option of continuing to purchase the Product at the correct

price or cancelling your order. We will not process your order until we have your

instructions. If we are unable to contact you using the contact details you provided during

the order process, we will treat the order as cancelled and notify you in writing. Please

note that if the pricing error is obvious and unmistakeable and could have reasonably been

recognised by you as a mispricing, we do not have to provide the Products to you at the

incorrect (lower) price.

 

14. HOW TO PAY

 

14.1 You can pay for Products using a debit card, credit card or PayPal (you will be

directed to ‘PayPal’, which processes payments securely for Voiceonics Limited). We also

accept payment by cheque.

14.2 Payment for the Products and all applicable delivery charges is up to 30 days from invoice.


 
 
16. OUR WARRANTY FOR THE PRODUCTS

 

16.1 We provide a warranty that on delivery and for a period of 24 months from delivery,

the Products shall be free from material defects. However, this warranty does not apply in

the circumstances described in clause 16.2.
 

16.2 The warranty in clause 16.1 does not apply to any defect in the Products arising

from:

(a) fair wear and tear;

(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or

by any third party;

(c) if you fail to operate or use the Products in accordance with the user instructions;

(d) any alteration or repair by you or by a third party who is not one of our authorised

repairers; or

(e) any specification provided by you.
 

16.3 If you are a consumer, this warranty is in addition to your legal rights in relation to

Products that are faulty or not as described. Advice about your legal rights is available

from your local Citizens' Advice Bureau or Trading Standards office.

 

17. OUR LIABILITY IF YOU ARE A BUSINESS

 

This clause 17 only applies if you are a business customer.

17.1 We only supply the Products for internal use by your business, and you agree not to

use the Product for any re-sale purposes.
 

17.2 Nothing in these Terms limit or exclude our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet

possession); or

(d) defective products under the Consumer Protection Act 1987.
 

17.3 Subject to clause 17.2, we will under no circumstances whatever be liable to you,

whether in contract, tort (including negligence), breach of statutory duty, or otherwise,

arising under or in connection with the Contract for:

(a) any loss of profits, sales, business, or revenue;

(b) loss or corruption of data, information or software;

(c) loss of business opportunity;

(d) loss of anticipated savings;

(e) loss of goodwill; or

(f) any indirect or consequential loss.
 

17.4 Subject to clause 17.2 and clause 17.3, our total liability to you in respect of all other

losses arising under or in connection with the Contract, whether in contract, tort (including

negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed

100% of the price of the Products.
 

17.5 Except as expressly stated in these Terms, we do not give any representation,

warranties or undertakings in relation to the Products. Any representation, conditionor

warranty which might be implied or incorporated into these Terms by statute, common law

or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be

responsible for ensuring that the Products are suitable for your purposes.

 

18. OUR LIABILITY IF YOU ARE A CONSUMER

 

This clause 18 only applies if you are a consumer.

18.1 If we fail to comply with these Terms, we are responsible for loss or damage you

suffer that is a foreseeable result of our breach of these Terms or our negligence, but we

are not responsible for any loss or damage that is not foreseeable. Loss or damage is

foreseeable if they were an obvious consequence of our breach or if they were

contemplated by you and us at the time we entered into the Contract.
 

18.2 We only supply the Products for domestic and private use. You agree not to use the

product for any commercial, business or re-sale purposes, and we have no liability to you

for any loss of profit, loss of business, business interruption, or loss of business

opportunity.
 

18.3 We do not in any way exclude or limit our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and

quiet possession);

(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979

(description, satisfactory quality, fitness for purpose and samples); and

(e) defective products under the Consumer Protection Act 1987.


 

19.1 We will not be liable or responsible for any failure to perform, or delay in performance

of, any of our obligations under a Contract that is caused by an Event Outside Our Control.

An Event Outside Our Control is defined below in clause 19.2.
 

19.2 An Event Outside Our Control means any act or event beyond our reasonable

control, including without limitation strikes, lock-outs or other industrial action by third

parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war

(whether declared or not) or threat or preparation for war, fire, explosion, storm, flood,

earthquake, subsidence, epidemic or other natural disaster, or failure of public or private

telecommunications networks or impossibility of the use of railways, shipping, aircraft,

motor transport or other means of public or private transport.
 

19.3 If an Event Outside Our Control takes place that affects the performance of our

obligations under a Contract:

(a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations under a Contract will be suspended and the time for performance of our

obligations will be extended for the duration of the Event Outside Our Control. Where the

EventOutside Our Control affects our delivery of Products to you, we will arrange a new

delivery date with you after the Event Outside Our Control is over.

 

20. COMMUNICATIONS BETWEEN US

 

20.1 When we refer, in these Terms, to "in writing", this will include e-mail.
 

20.2 If you wish to contact us in writing, or if any clause in these Terms requires you to

give us notice in writing, you can send this to us by e-mail or by pre-paid post to

Voiceonics Limited at 29 Foxbridge Drive, Hunston, Chichester, West Sussex, PO20 1NQ

and/or  enquiries@voiceonics.co.uk. We will confirm receipt of this by contacting you in

writing, normally by e-mail. If you are a consumer and exercising your right to cancel

under clause 9, please see that clause 9 for how to tell us this.
 

20.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by

pre-paid post to the address you provide to us in your order.
 

20.4 If you are a business, please note that any notice given by you to us, or by us to you,

will be deemed received and properly served immediately when posted on our website,

24 hours after an e-mail is sent, or three days after the date of posting of any letter. In

proving the service of any notice, it will be sufficient to prove, in the case of a letter, that

such letter was properly addressed, stamped and placed in the post and, in the caseof an

e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

 

21. OTHER IMPORTANT TERMS

 

21.1 We may transfer our rights and obligations under a Contract to another organisation,

but this will not affect your rights or our obligations under these Terms. We will always

notify you in writing or by posting on this webpage if this happens.
 

21.2 You may only transfer your rights or your obligations under these Terms to another

person if we agree in writing. However if you are a consumer and you have purchased a

Product as a gift, you may transfer the benefit of our warranty in clause 16 to the recipient

of the gift without needing to ask our consent.
 

21.3 This contract is between you and us. No other person shall have any rights to enforce

any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or

otherwise. However, if you are a consumer, the recipient of your gift of a Product will have

the benefit of our warranty at clause 16, but we and you will not need their consent to

cancel or make any changes to these Terms.
 

21.4 Each of the paragraphs of these Terms operates separately. If any court or relevant

authority decides that any of them are unlawful or unenforceable, the remaining

paragraphs will remain in full force and effect.
 

21.5 If we fail to insist that you perform any of your obligations under these Terms, or if

we do not enforce our rights against you, or if we delay in doing so, that will not mean that

we have waived our rights against you and will not mean that you do not have to comply

with those obligations. If we do waive a default by you, we will only do so in writing, and

that will not mean that we will automatically waive any later default by you.
 

21.6 If you are a consumer, please note that these Terms are governed by English law.

This means a Contract for the purchase of Products through our site and any dispute or

claim arising out of or in connection with it will be governed by English law. You and we

both agree to that the courts of Englandand Wales will have non-exclusive jurisdiction.
 

21.7 If you are a business, these Terms are governed by and will be construed in

accordance with English law. A Contract, and any dispute or claim arising out of or in

connection with it or its subject matter or formation (including non-contractual disputes or

claims), will be governed by English law. We both agree to the exclusive jurisdiction of the

courts of England and Wales.
 

21.8 We will file a copy of the Contract between us.

 

 

Voiceonics Ltd.           Doc. CPC0021 Iss A