Terms and Conditions
Consumer terms of sale
Please read these terms of sale carefully before placing your order and retain a copy of these terms and your order for future reference.
Format of the contract
1.1 These terms of sale apply to all goods supplied by Everything Audio Ltd, whose registered office is at 5 Fernside Avenue, Mill Hill, London, NW7 3BB. UK (the "Supplier", or "we", or "our").
1.2 We will send you an order acknowledgement shortly after you place your order, notifying you that we have received your order. This acknowledgement is not notification that we have accepted your order.
1.3 If we accept your order, we will notify you by email that we have accepted it prior to dispatch of the goods. If we cannot accept your order (for example (but without limitation) because the goods are found to be unavailable) we will notify you by telephone or email.
1.4 In the event that, after we accept your order, we discover that the goods ordered are unavailable or that there was a pricing error on our website in respect of the goods ordered, we reserve the right not to supply the goods ordered and to offer you a refund or alternative goods in accordance with conditions 2.2 to 2.4 below.
1.5 The contract is subject to your right of cancellation (see condition 7 below).
1.6 We have the right to terminate the contract if the price of the goods is not received from you in cleared funds (in accordance with condition 3.1).
1.7 The Supplier may change these terms of sale without notice to you in relation to future sales.
1.8 Pre-order service is available for selected goods.
1.8.1 a pre-order product is one that is not yet in stock but is expected within the next six weeks (see condition 4.20 below).
1.8.2 a pre-order product is added to your online basket in the same way as any other product and payment can be processed by debit/credit card or Google Checkout.
1.8.3 pre-ordered goods are sold on a first come first sold basis.
1.8.4 we will charge your account when the order is shipped.
Description and price of the goods
2.1 The description and price of the goods you order will be as shown on the Everything Audio website at the time you place your order.
2.2 If after acceptance of your order we discover within 14 days of such acceptance that all of the goods are unavailable, we may terminate the contract and refund or re-credit you within 7 working days for any sum that has been paid by you or debited from your credit card for those goods. In these circumstances, we will inform you as soon as possible.
2.3 If within 7 days of our acceptance of your order we discover that some but not all of the goods are unavailable, we will no longer supply those unavailable goods. In these circumstances we will contact you detailing the goods that are unavailable and offer you the option of cancelling the whole order or amending your order to substitute the unavailable items with alternative goods. If you have not cancelled the order within 14 days of receipt of such notice, we will deliver the available goods in accordance with condition 4 below. We will refund or re-credit you for any sum that has been paid by you or debited from your credit card in respect of the unavailable goods or cancelled order (if you have cancelled it).
2.4 Every effort is made to ensure that prices shown on the Everything Audio website are accurate at the time you place your order. If within 14 days of accepting your order a pricing error is found in respect of any or all of the goods you have ordered, we will notify you as soon as possible detailing the mis-priced goods and offering you the option of:
2.4.1 placing a new order at the correct price for those goods;
2.4.2 cancelling the whole of your order; or
2.4.3 cancelling your order for the mis-priced goods and reconfirming your order for the correctly priced goods.
If, within 14 days of receipt of our notice to you, you have not responded by selecting one of the available options at conditions 2.4.1 to 2.4.3 above then:
(a) if all of the goods you have ordered are found to be mis-priced, the entire order will be cancelled automatically and the Supplier will refund or re-credit you for any sum you have paid for those goods; or
(b) if only some of the goods you have ordered are found to be mis-priced, our contract with you continues and we will deliver the correctly priced goods but we will not be obliged to supply you with the mis-priced goods. In these circumstances we will refund or re-credit you for any sum you have paid for the mis-priced goods.
2.5 To avoid any doubt, where goods are unavailable and you order alternative goods from us, or where goods have been mis-priced and you subsequently order such goods at the correct price, these terms of sale shall apply to the order and the supply of the relevant goods, whether the order is placed through our website or otherwise.
2.6 In addition to the price, you may be required to pay a delivery charge for the goods, details of which are clearly displayed on our website at the point that you place your order.
4.1 The goods you order will be delivered to the registered address (billing address) you give when you place your order.
4.2 Orders placed before 12.00 pm on a working day will be processed that day and will be delivered as per the requested delivery option provided no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays.)
4.3 If delivery cannot be made to your address for reasons under the Supplier’s control the Supplier will inform you as soon as possible.
4.4 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier, the Supplier may:
4.4.1 store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
4.4.2 sell the goods at the best readily obtainable price and either
(a), where you have not already paid for the goods in question, account to you (after deducting all reasonable storage and selling expenses) for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods or.
(b), where you have already paid for the goods in question, account to you (after deducting all reasonable storage and selling expenses) for any proceeds received.
4.5 If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Supplier shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. On exercising your right to cancel you shall be required to return the goods to the Supplier. Should you fail to return the goods, the Supplier reserves the right to deduct any direct costs incurred by the Supplier in retrieving the goods as a result of such failure.
4.6 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you of any delay as soon as possible and will give you the option of cancelling your order at this point.
4.7 If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that you make thereafter.
4.8 The Supplier is not liable for any additional tax, duty or other charges invoked at the destination on receipt of the goods.
4.9 If you place an order that is to be shipped outside of the United Kingdom, please note that certain products (such as batteries) will be delivered via surface mail and can take up to 8 weeks for delivery.
4.10 Delivery is subject to stock availability. We will endeavour to deliver items available for despatch within 24 hours subject to stock availability – please view despatch details on relevant product pages.
4.11 Due to health and safety reasons enforced by the UK Civil Aviation Authority, no form of Aerosol (flammable or non -flammable) or any product containing alcohol can be exported from the UK. These items are prohibited or restricted to be sent by air and surface mail.
The following forms of aerosols are:
i. Shave Foam/Gel
ii. Thermal Spring Water
iii. After Shave Fluid
vi.High capacity batteries
4.12 Due to variant customs regulations in specific countries we do not guarantee delivery of certain products. Should these items be returned to us; we will inform the customers and resolve the issue accordingly.
4.13 DHL and Royal Mail does not consider a parcel to be lost unless it has been in the postal system for no less than 15 working days for all UK mainland orders (tracked and untracked services) and 25 working days for international tracked orders. Whilst it is highly unlikely deliveries will take this long, we are only able to send you a replacement once the specified period has passed or process a refund once the claim is confirmed. Please check with your local post office if you are expecting a parcel from Everything Audio.co.uk, if it has not arrived, as they may be holding it for collection. Please find more information at Royal Mail.
4.14 Due to current volume of orders and time delays on delivery, we are unable to offer free international shipping to selected countries.
4.15 If the buyer has provided a wrong or incomplete address and the order is not returned to us, then we are not responsible. This would be considered as a Lost Order. We will not issue a refund.
4.16 If the buyer informs us that he has provided a wrong or incomplete shipping address, then we will try to stop the order but we cannot guarantee it because we process orders rapidly.
4.17 If the order is returned to us due to an undeliverable or wrong or incomplete address, then the buyer may request for a reshipment, once the parcel has been returned back to us. The buyer is responsible for the re-shipping and re-handling sum.
4.18 We can only entertain claims for lost items within 35 working days for standard deliveries within European countries and 45 working days for standard deliveries outside the European countries.
4.19 The pre-order date specified on the appropriate product page is the date by which we expect to deliver the item(s) to your shipping address.
4.19.1 if it is known that a delivery has been delayed we will be in contact to update you as soon as possible with the new expected date.
4.19.2 due to potential, unanticipated manufacturing delays we cannot guarantee dates of delivery for pre-ordered goods.
4.20 Multiple orders placed for the similiar products within 14 days by the same customers will be treated as trade customers and hence shipping will be charged separately based on weight / volume.
4.21 Orders placed for large quantities for similar products will incur shipping cost based on weight / volume and destination (remote and non remote locations by area code / zip code / postal code) in event of the weight being over 2KGs or exceeding over 1L.
4.22 In post code areas that are seen to be of high risk, we will unfortunately no longer be able to offer customers from these post code areas a free delivery. Everything Audio.co.uk customer services will contact you, in the event that you postal address is in an area that is seen to be of high risk to ask for payment for a tracked service. Risk status of a post code area is based on our findings from previous years however are continuously updated.
4.23 Due to new rules and regulations implemented by the Civil Aviation Authority (CAA), Department for Transport and the Maritime and Coastguard Agency on prohibited items also know as ‘Dangerous goods’ and restrictions for domestic and international post all parcels are being x-rayed and if a parcel looks suspicious the parcel will be sent for further investigation, if the items are classified as dangerous goods, the items will be destroyed and if not, the parcel will be resealed and sent on to its final destination. Your parcel could have been stopped for further investigation and if so your parcel should be delivered shortly. Please find more information at Civil Aviation Authority, Royal Mail (Restricted Goods) and Royal Mail (Dangerous Goods).
5.1 The goods are at your risk from the time of delivery.
5.2 Ownership of the goods shall not pass to you until the Supplier has received in full in cleared funds all sums due to it in respect of:
5.2.1 the goods, and
5.2.2 all other sums which are or which become due to the Supplier from you on any account.
5.3 The Supplier shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from the Supplier.
Your right of cancellation
6.1 You have the right to cancel the contract at any time up to 7 working days after you receive the goods (see below). Please note that this policy has some limitations and does not apply to business customers.
6.2 To exercise your right of cancellation, you must give written notice to the Supplier by hand or post, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.
6.3 Except in the case of faulty or mis-described goods, if you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost. The goods must be returned to the address shown within the Returns on Line section of the Supplier's website. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. In the case of faulty or mis-described goods the Supplier shall, after receiving notification in accordance with condition 7.4, 7.5 or 7.6, either collect the goods from you or ask you to return the goods to the Supplier in accordance with the Supplier's Returns procedure (see condition 10 below).
6.4 Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.
6.5 Except in the case of faulty or mis-described goods, if you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods.
6.6 You do not have the right to cancel the contract if any of the goods have been unsealed or removed from their original packaging.
7.1 All new electronic goods supplied by the Supplier are warranted by the manufacturer of the goods, all other goods do not come with manufacturer’s warranties and therefore the supplier will not be responsible for any faulty goods. The Supplier does not warrant any products unless identified as defect within 7 days and the supplier is notified of this as in condition 6.5 above. This warranty does not affect your statutory rights as a consumer. If Used Goods develop a defect during the 90-day warranty period, you should follow the Supplier's Returns procedure (see condition 10 below). In the event of a valid claim for a defect in the Goods, the Supplier will (at its option) either:
7.2.1 replace the Good(s), if the Supplier has available the same Goods(s) at the same price;
7.2.2 refund or re-credit you the sum you have paid for the relevant Good(s)
7.3 The warranties in conditions 7.1 and 7.2 above do not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than in accordance with its intended use, failure to follow the manufacturer's or Supplier´s instructions, or any alteration or repair carried out without the Suppliers prior written approval.
7.4 If the goods supplied to you are damaged in transit, you should notify the Supplier by phone or post within 7 working days of receipt of the goods. Once we have verified the fault, we will issue you with (at your discretion) a replacement or full refund via your original payment method and reimburse your reasonable return carriage costs. This does not affect your rights under clauses 7.1 and 7.2.
7.5 If the goods supplied to you are faulty or incomplete on arrival (whether or not they were damaged in transit), you must notify us within 7 calendar days of receipt of the goods and return the goods to us in accordance with our returns policy (see condition 10 below). Once we have verified the fault, we will issue you with (at your discretion) a replacement or full refund via your original payment method and reimburse your reasonable return carriage costs. This does not affect your rights under clauses 7.1 and 7.2.
8.1 The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.
9.1 Product images are for illustrative purposes only and may differ from the actual product.
10.1 Please note that any items returned to us which you claim to be faulty or incomplete are checked and verified by our technicians. Any returned items that are found not to be faulty or incomplete will be returned to you and we shall be entitled to charge you for the return carriage costs via your original payment method. In the event that your credit card has expired, or is declined we will hold the item(s) until full payment has been made for the return carriage.
10.2 Any items that you return to us are at your own risk, therefore we strongly advise all our customers to take reasonable care when returning any items to us for example, by ensuring the goods are correctly addressed, adequately packaged, and carried by a reputable carrier.
Governing law and jurisdiction
These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract.
5 Fernside Avenue,
EVERYTHING AUDIO LTD.
TERMS AND CONDITIONS OF HIRE
Unit 4A Elstree Film Studios, Shenley Road, Borehamwood, Hertfordshire, WD61JG | 0208 324 2726
1.1 The Hirer shall give such proof of their identity, as the Owner shall reasonably require.
1.2 The person or company/organisation who enters the hire contract assumes full financial responsibility for the equipment until it is returned. Company/organisation assumes responsibility through employee or hired/contracted professional or student who rents on their behalf. Any late return of
equipment may be charged at our discretion.
1.3 All damage to the equipment shall be reported to the Owners within 24 hours.
1.4 The insurance liability for any lost, stolen or damaged equipment is with the customer. We retain the right to charge for any losses (material or financial) or damage to equipment whilst on hire. Continuing Hire Charges are charged at the hired equipment’s daily book rate, before any discount was applied until
equipment is replaced or repaired and back in service.
1.5 The client and guarantor shall take all reasonable precautions to avoid loss/damage to the equipment during the period of hire.
1.6 The client & guarantor are responsible for the safe handling of equipment. Repair or replacement costs for the registered retail value of the equipment plus processing costs will be billed to the debtor and/or guarantor for damage or loss while the equipment is in the client's possession.
1.7 It is the client’s responsibility to test and examine all hired equipment to determine it is in good working order and in a condition fit for the client’s purpose. All equipment must be tested prior to filming, with any issues immediately reported to Everything Audio.
1.8 The equipment shall be deemed to be in good condition at the beginning of the hire period unless any damage shall have been noted on the delivery note. Any damage occurring during the shoot must be immediately reported to Everything Audio.
1.9 The equipment shall be the responsibility of the Hirer at all times when in the Hirer's possession, and in the event of loss of goods or any item thereof from whatsoever cause or reason, shall immediately pay to the owner the full costs of replacement, packaging and administration.
2.1 The hiring period of the equipment shall commence at the time specified in the Agreement Form. It shall begin at the time the equipment leaves the Owner's premises and shall finish when the equipment is returned to the Owner's premises.
2.2 The equipment must be returned (or made available for collection) at the time and date specified in the Agreement Form, unless in the meantime the Owners have agreed to an extension.
2.3 Extension of hire must be notified to the Owner at least 24 hours before the end of the original hire period.
2.4 Cancellation fees may be levied at Owners' discretion but are not applicable if at least 48 hours notice of cancellation is given by the client. Everything Audio reserves the right to charge full agreed rate for any jobs cancelled with less than 24hrs notice.
2.5 Prices are subject to change by the Owners without notice.
2.6 Hire charges for equipment are calculated from the time equipment leaves the premises until the end of the period of hire, or when the equipment is returned to us, whichever is the later.
2.7 Travel dates are charged at 50% list price after any discount is applied and test dates happening outside of premises are charged at 50% list price before any discount applied.
Collections, Returns and Deliveries
3.1 Equipment must be picked up between 4-5:30pm the day before hire commences and must be returned between 9-11am the day following the agreed.
3.2 A call-out fee may be charged for out of hours pick up or return at £15 + VAT per Hour (30 + VAT after 8pm and before 7am).
3.3 Courier charges apply to equipment delivered or collected by the Owners.
4.1 Payment of hire charges must be made by cash, BACS or debit card prior to the commencement of the hire period unless an account has been established with the Owners. Credit card payments incur a 2% surcharge on the full amount to be paid.
4.2 Any Administration and legal costs involved in pursuing an overdue account will be charged to and paid by the client or guarantor.
4.3 Payment for hire shall be made within thirty days of invoice unless the Hirer chooses to accept any discount offered for alternative payment terms in which case all monies due must be in our possession before the last day of the period to which the discount refers. Late payment shall incur immediate loss of discount. Late payments shall be charged interest at 15% of total invoice per day. All payments must be made in £ sterling. Under the terms of Late Payment of Commercial
Debts Act 1998 invoices must be paid within 30 days of initial issue.
4.4 The Owners reserve the right to refuse to hire equipment to the client in the event that the client fails to comply with Everything Audio's terms of payment.
4.5 If the Hirer shall default in punctual payment of the sums to be paid, or shall fail to observe or perform the terms and conditions of the agreement, or if the Hirer shall do or cause to be done or permit or suffer any act whereby the Owner's rights in the equipment may be prejudiced or put in jeopardy, this agreement
shall forthwith determine (without any notice or other act on the part of the Owner) that it shall thereupon be lawful for the Owner to retake possession of the equipment and for that purpose enter into or upon any premises, and the determination of the hiring under this clause shall not affect the right of the Owner to
recover from the Hirer any monies due to the Owner under this agreement or damages for breach thereof.
5.1 The Hirer shall keep the equipment insured from the time it leaves the Owner's premises and until it is returned to it - against theft, fire, loss, damage or risk from any cause arising in the full replacement value thereof & will permit the Owner at all reasonable times to have access to the equipment and to inspect the
state & conditions thereof.
5.2 If the equipment are damaged or lost, payment for replacement must be made immediately, unless otherwise agreed by the Owner. Replacement items shall become subject to the provisions of this agreement.
5.3 The sum insured must not be less than the current value of 'same week' replacement of equipment.
5.4 Where you are more than one person or entity this agreement is binding on each of you jointly and severally.
5.5 The hirer shall not remove equipment from the UK without obtaining the Owner's consent in writing specifying the country to which the equipment is to be removed and in such event the Hirer shall pay additional insurance in respect of such removal of the equipment and shall indemnify the Owner against all customs duties, taxes or other pecuniary levies either as a result of removal of, or return of the equipment from UK and shall pay to the owner, if required, 10% of the value
of the equipment supplied by way of a deposit, each sum to be returned to the Hirer at termination of hiring by Owner after deduction of any monies due by the Hirer to the Owner.
5.6 Any waiver or other indulgence granted by the Owner shall not affect the strict rights of the Owner under these terms.
5.7 Responsibility for shipping, preparation of Carnet & Customs documents & lodging of any bonds shall be entirely that of the hirer.
5.8 Damages to individual lenses and/or other items which are part of and were hired out as a set, put the entire set out of action until said items are replaced/repaired and back in service. Continuing Hire Charges will apply to the entire set until affected item is replaced/repaired and back in service.
6.1 Everything Audio accepts no responsibility for damages to people or property arising from the use of our Equipment.
6.2 Equipment must not be left unattended in vehicles at any point.
Everything Audio reserves the right to change/amend the T&Cs of Hire without prior notice.
By agreeing to hire from Everything Audio you are entering a binding contract and you accept the Terms and Conditions of Hire.
Everything Audio Ltd. Registered Office : Unit 4A, Elstree Film Studios, Shenley Road, Borehamwood, Hertfordshire, WD61JG