This page (together with the documents referred to in it) provides information about Media 4 UK Limited ( “we” or “us”) and sets out the terms and conditions on which we will supply to you the products (the “Products”) listed on our website www.media4uk.com (our “Website”) which are ordered by you.
Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from our Website. By ordering any of our Products, you agree to be bound by these terms and conditions. However, these terms and conditions do not affect your statutory rights.
You should print a copy of these terms and conditions for future reference.
Please click on the button marked “I Accept” at the end of these terms and conditions, if you accept them. If you do not accept these terms and conditions, you will not be able to order any Products from our Website.
3. Formation of the Contract between you and us
3.1 After placing an order through our online checkout process, you will receive an email from us acknowledging that we have received your order. This does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product or Products. All orders are subject to acceptance by us and we must receive payment of the whole of the price of the Products before your order can be accepted.
3.2 We will confirm our acceptance of your order to you by sending you an email that confirms that the Product has been dispatched (the “Dispatch Confirmation”). The contract between us is only formed and legally binding between us when we send you the Dispatch Confirmation.
3.3 The contract between you and us will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
3.4 If we cannot supply you with the Products you ordered, we will not process your order. If this occurs we will inform you of this in writing (via email) and, if you have already paid for the Products, refund you in full as soon as reasonably practical.
4. Price and Payment
4.1 The price of the Products and our delivery charges will be as quoted on our Website from time to time, except in the case of obvious error. If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the Products to you at the incorrect price.
4.2 Product prices include VAT. If the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
5. Delivery of Products
5.1 We will deliver the Products ordered by you to the address you give us for delivery at the time you make your order. Please note that it might not be possible for us to deliver to some locations.
5.2 Delivery of the Products will be made as soon as possible after your order is accepted and we send the Dispatch Confirmation to you and in any event within 30 days of your order, unless there are exceptional circumstances.
5.3 The Products will be your responsibility from the time of delivery to you and, once they have been delivered to you, we will not be liable for their loss or destruction.
6. Your right to cancel
6.1 If you are buying the Products as a consumer, you may cancel the contract with us at any time within seven working days, beginning on the day after you received the Products. To cancel a contract, you must inform us in writing and, if you have already received them, you must also return the Products to us at our trading address found HERE, at your own cost, as soon as reasonably practicable. You do not need to give us any reason for cancelling your contract with us and you will not have to pay any penalty.
6.2 If you cancel the contract, you will receive a full refund of the price paid for the Products, and any applicable delivery charges, as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation. You will be responsible for the cost of returning the Products to us. If you do not return the Products to us or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the Products from the amount to be credited to you.
6.2 You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
6.3 Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your other statutory rights as a consumer.
7. Cancellation by us
7.1 We reserve the right to cancel the contract between you and us if: (a) we have insufficient stock to deliver the Products you have ordered; or (b) we do not deliver to your area; or (c) one or more of the Products you ordered was listed at an incorrect price due to an error.
7.2 If we cancel your contract we will notify you by email and will credit to your account any sum deducted by us from your credit or debit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for any disappointment you may have suffered.
8.1 Any Product purchased from us through the Website will, on delivery and for the following 12 months, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
8.2 If we deliver a Product to you that does not conform in all material respects with its description, is not of satisfactory quality or fit for its purpose, you should notify us promptly and we will, at your option, provide a repair or replacement or, where this is not possible, we will provide you with a refund of the amount you paid for the Products, together with any applicable delivery charges and any reasonable costs your incur in returning the Products to us. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
8.3 Any Products that we supply will correspond to the description set out in the Website. However, it is your responsibility to check the compatibility and suitability of the Products for any particular purpose before ordering.
9.1 Nothing in these terms and conditions limits our liability for personal injury or death caused by our negligence, fraud or fraudulent misrepresentation or to limit any rights you might have as a consumer (or otherwise) under applicable local law or any other statutory rights that may not be excluded by us.
9.2 If we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products and, subject to Condition 9.3, for any losses that you suffer as a result of our failure to comply with our obligations and which are a natural foreseeable consequence of such failure.
9.3 We will not be responsible for any losses related to any business you may have such as, without limitation, loss of profits, business or goodwill.
9.4 If we have provided you with any advice about use of the Products (including any instructions, safety guidance or product manuals), you must follow this. We cannot accept liability for damage relating to Products we have supplied which is caused by your failure to follow this advice.
9.5 We shall have no liability to you for any failure to deliver Products that you have ordered or any delay in delivery that is caused by any event or circumstance beyond our reasonable control (for example, strikes, lock-outs and other industrial disputes, breakdown of systems, flood, fire, explosion or accident).
10. Written Communication and Notices
10.1 The legislation applicable to the contract between you and us requires that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Website. This condition does not affect your statutory rights.
10.2 Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our trading address set out in Condition 1 above and all notices from us to you will be displayed on our Website from time to time.
You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Products from our Website. The importation or exportation of certain of our Products to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the Products that you purchase.
13. Variation of these Terms and Conditions by us
13.1 We have the right to revise and amend these terms and conditions from time to time to comply with law or to meet our changing business requirements, without notice to you. We will post any changes on the Website.
13.2 You will be subject to the policies and terms and conditions at the time that you order the Products from us. If we notify you of a change to those policies or these terms and conditions after you have placed an order, then unless you notify us to the contrary before delivery of the Products or within seven working days after the date of their delivery, we have the right to assume that you have accepted the changes to the policies and/or terms and conditions.
14.2 Nothing said by any sales person on our behalf about the Products or these terms should be understood as a variation of the contract between us, unless this is confirmed in writing by us.
14.3 If you have any questions or complaints regarding the Products or their sale through this Website, you should contact us HERE. We will try to resolve any complaints or disputes quickly and efficiently.The time it takes to reach resolution of complaints will depend on the nature and complexity but we will keep you informed of the progress of the matter.
14.4 If any of these terms and conditions are found to be illegal, invalid or unenforceable (including any provision in which we exclude our liability to you) by any court, the rest of these terms and conditions shall remain in full force and effect.
14.5 The contract between you and us is binding on both parties. You may not assign or transfer any of your rights or obligations under it to anyone else, without our prior written consent.
14.6 No waiver by us of any of these terms and conditions will be effective unless it is agreed in writing. If either we or you do not enforce any right or remedy under these terms and conditions or grant the other party an extension of time for anything set out in these terms and conditions, this will not affect the ability of either to exercise any right or remedy at a later date.
14.7 Only we and you are entitled to enforce the contract relating to the Products. No third party shall be entitled to enforce any provision of the contract under the Contracts (Rights of Third Parties) Act 1999 but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
14.8 The contract between you and us shall be governed by and interpreted in accordance with English law and you agree that any dispute between you and us will be subject to the jurisdiction of the English courts.