1. OUR CONTRACT
These Terms and Conditions govern the supply of goods sold by Peak HiFi, Bankfield House, Hoylandswaine, Sheffield, S36 7JY England. (“we” and “us”) to the customer named on the order form provided on the Peak HiFi website or in literature/catalogue or information provided by Peak HiFi (“you”). Together with the completed order form, these Terms and Conditions constitute the entire and only agreement between us in relation thereto. Our acceptance of your order by delivery of the goods constitutes a legally binding contract between us on these terms and conditions.
2. PRICE & PAYMENT
2.1 The price payable for the goods you order is set out on our website at the time you place your order, or if you order from one of our brochures/catalogues, as set out in the brochure/catalogue from which you order provided it is a current edition, plus any charges for carriage and insurance as set out in the order form.
2.2 We must receive payment for the whole of the price of the goods you order, and any applicable charges for carriage and insurance, before your order can be accepted unless we have agreed otherwise in advance in writing.
3. DELIVERY & TITLE
Unless you tell us you wish to collect the goods, we will deliver them in accordance with your order. Immediately prior to despatch of the goods to you, title in the goods will pass to you. In the unlikely event that you have not received all the goods within 21 days of the date of delivery (or where you have requested a delayed despatch within 21 days of the requested despatch date), you must notify us immediately.
While we endeavour to hold sufficient stock to meet all orders, if we have insufficient stock, or the stock item ordered has been discontinued or out of stock availability to supply or deliver the goods ordered and paid for by you, we may, at our discretion, supply or deliver a substituted product or refund you the price paid for such goods as soon as possible and in any case within 30 days.
5. CANCELLATION & RETURNS
5.1 You may cancel your order by giving us notice of cancellation within 7 days of the date of collection or delivery. Such notice may be given by mailing, or emailing to the address set out on the order form. If you are cancelling because of any problem with the goods, please notify us of the problem at the time of cancellation.
5.2 On cancellation, you must return the goods to us at your cost unless the goods are being returned because they are faulty, incorrect goods or because of unsuitable substitution by us, in which case we will meet the cost of return but ask that you allow us to nominate the carrier.
5.3 Reference should be made to the Consumer Protection (Distance Selling ) Regulations 2000 regarding your rights to cancellation of a contract formed with Peak HiFi, and the said Regulation is to be referred to, concerning Consumer Protection over the website trading.
5.4 Where a special order is made on behalf of a customer then normal internet returns are no longer applicable and cancellation is not possible. Deposits/payment are non refundable and any balance will be due when the goods are ready to ship.
6.1 On new goods we offer the full manufacturers warranty. For any warranty repairs you must return the goods to us at your cost. We will pay delivery for the return of goods within the UK . For deliveries outside the UK we will charge return delivery at cost. Peak HiFi will not be responsible for any customs charges or taxes and these must be borne both ways if applicable by the customer.
6.2 On used goods we offer a 3 months guarantee to repair any faults that occur in used goods that were not apparent at the time of sale. For any warranty repairs you must return the goods to us at your cost. We will pay delivery for the return of goods within the UK . For deliveries outside the UK we will charge return delivery at cost. Peak HiFi will not be responsible for any customs charges or taxes and these must be borne both ways if applicable by the customer.
If you have notified us of a problem with the goods, we will either make good any shortage or non-delivery; replace or repair any goods that are damaged or defective upon delivery; or refund to you the amount paid by you for the goods in question less any fees. We will not be liable to you for any loss of profits, administrative inconvenience, disappointment, indirect or consequential loss or damage arising out of any problem in relation to the goods and we shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions. This does not affect your statutory rights as a consumer, nor is it intended to exclude our liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence.
We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder or you become unable to pay your debts when they fall due or proceedings are commenced by or against you alleging bankruptcy or insolvency. Upon termination, your indebtedness to us becomes immediately due and payable and we shall be under no further obligation to supply goods to you
9. FORCE MAJEURE
We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including without limitation, strikes, lockouts and other industrial disputes).
If any part of these conditions is invalid, illegal or unenforceable (including any provision in which we exclude our liability to you) the validity, legality or enforceability of any other part of these conditions will not be affected. This contract shall be governed by and interpreted in accordance with English law.
All prices are including VAT at 20%, unless notified as excluded in the Peak HiFi website or literature sent by Peak HiFi.
Where stock is not available at the time of ordering you will be notified by email and when available, the outstanding goods, if still required, will be shipped with a delivery charge if necessary or as terms above, at an agreed time with yourself. If storage, in our warehousing is required by a customer, full payment of the order including any delivery charges and VAT must be made at the time of ordering, and the storage will be free of charge, in our warehousing for one calendar month only.