1. About these Terms and Conditions
2. Placing Your Order
3. Supply of Your Products
4. Prices
5. Paying for Your Products
6. Delivery of Your Products
7. Your Rights to Withdraw from the Contract and to Return Faulty Products or Products which are not in Conformity
8. Software
9. Support
10. One (1) year Limited Warranty
11. Our Liability
12. Contacting 3view
13. Export Control
14. Data Protection
15. Circumstances
16. Disagreements
17. General
18. Defined Terms
1. About these Terms and Conditions
1.1 In these terms and conditions "we" and "us" mean 3view Consumer Electronics Ltd, and "you" means you the customer. In these terms and conditions certain words spelt with initial capital letters are defined terms. For your ease of reference these defined terms are listed together at the end of the terms and conditions. These terms and conditions together with your Order Confirmation constitute the Contract between us and you for the supply of Products and Services. No other terms and conditions shall apply. The Contract cannot be varied unless we agree to vary it in writing or by email.
2. Placing Your Order
2.1 To place an Order you must be 18 years of age or over.
2.2 You may place an Order by:
2.2.1 filling in the Order Form on the 3view Web Site and creating your personal account and clicking on the appropriate submission button;
2.2.2 telephoning us on 0844 848 4700 between 09:00 and 21:00 Mondays to Fridays; from the 3view Direct. We will not accept Orders placed in any way other than those listed above.
2.3 When you place your Order, we will issue you with a Web Order Number. We will do this via email to the address you register at the time of purchase, unless you have placed your Order by telephone, in which case we will issue your Web Order Number when you telephone us.
2.4 By placing an Order, you make an offer to us to purchase the Products you have selected on these terms and conditions. We may or may not accept your offer at our discretion.
2.5 Whilst we will make every effort to supply you with the Products listed on the Order Confirmation, there may be occasions where we are unable to supply these Products because, for example, (i) such Products are no longer being manufactured or available or (ii) we are unable to source relevant components or (iii) if there was a pricing error on the 3view Web Site. In such circumstances we will contact you to inform you and may suggest alternative Products that you might wish to purchase. If you do not accept our suggestions then we will cancel your Order in relation to those Products we cannot supply and repay you any money that you may have paid to us in respect of those Products. In the event of a typographical error or technological error causing a mistake in price to be shown, 3view reserves the right to correct the error and to charge you the correct price. Before it does so, 3view will notify you of the mistake and will offer you the opportunity of a full refund. You will receive a notification with or prior to your delivery. Subject to clause 11.4 below, repayment of such monies will be the extent of our liability to you if we are unable to deliver to you the Products you have ordered.
2.6 Information contained in our advertising, brochures, other written materials, on our web sites or given to you by our agents or employees constitutes an invitation to treat. No such information constitutes an offer by us to supply any products.
3. Supply of Your Products
Subject to these terms and conditions, we will supply to you the Products indicated on your Order Confirmation.
4. Prices
4.1 The price for the Products will be the price indicated on your Invoice.
4.2 VAT is payable by you at the applicable rate as indicated on your Invoice. No intra-community purchases can be made on the 3view Web Site
4.3 Delivery costs, where applicable, are payable by you as indicated on your Invoice.
5. Paying for Your Products
5.1 You may pay for your Products by the methods of payment as may be displayed on the payment paragraph of the 3view Web Site from time to time. Currently all payment are processed by Paypal Europe
5.2 You must pay in the currency as indicated on your Invoice.
5.3 If you are paying by credit card, then you must supply your credit card details when you place your Order. Your credit card will be charged when we issue your Invoice or on shipment of your Products. We will not supply the Products to you nor perform the Services until your credit card issuer has authorised the use of your card for payment of the Products and/or Services ordered. If we do not receive such authorisation we shall let you know. We reserve the right to verify the identity of the credit card holder by requesting appropriate documentation.
5.4 If you are paying by cheque, wire transfer or a request for payment will be sent to you and your Products will be supplied and Services provided after your payment is cleared. If we do not receive payment in cleared funds within 30 days after the date of your Order then your Order will be cancelled.
5.5 We will send request for payment, your Invoice, and Products to you at the billing address indicated on your Order Confirmation. We may, however, only send the documents by e-mail where you have indicated an e-mail address on your Order Form.
5.6 To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
6. Delivery of Your Products
6.1 Orders will not be accepted and products will not be delivered to any address outside the mainland United Kingdom, Northern Ireland, Isle of Man and residents in the Channel Islands or the Isle of Wight.
6.2 Subject to clause 6.1 we will deliver your Products to the delivery address as shown on your Order Confirmation.
6.3 We will use our reasonable endeavours to dispatch your order within 7 days of the date of issue of your Order Confirmation. If you have ordered several Products at one time, we may deliver such Products on different days. You may cancel your Order at any time prior to delivery of the Product ordered by calling us on 0844 848 4700 and quoting your Web Order Number. Delivery of the Services will take place after the delivery of the remaining Products in accordance with the specifications and procedures applying to those Services. Delivery times for Services will need to be agreed directly between you and 3view and/or any service provider engaged by 3view. Once a delivery time for Services has been agreed then you must adhere to this. If you miss the appointment or you do not have the necessary infrastructure despite acknowledging having this at the time the appointment was agreed, then there will be no further obligation on us to provide the Services purchased by you.
6.4 Title to and risk of loss in your Products will pass to you on delivery of the Products to the address stated in your Order Confirmation
6.5 Upon delivery of the Products to our carrier we will send you a confirmation of shipment by e-mail provided you have indicated an e-mail address on the Order Form.
6.6Certain items may ship by post and cannot be tracked once they have entered the postal system. All other shipments use carrier delivery for maximum security and tracking.
7. Your Rights to Withdraw from the Contract and to Return Faulty Products or Products which are not in Conformity
7.1 Right to withdraw from the contract. If you are not satisfied with any Product or the terms of any entitlement to Services you have purchased from us, you may return the Product to us or cancel the entitlement to Services and obtain a refund of the price of the returned Product or Service entitlement if you contact us within 30 Calendar Days of delivery of the Product or entering into the contract for the purchase of Services.
7.2 Conditions to exercise the right to withdraw from the contract. You can exercise your right to return the Product to us or cancel the entitlement to Services and obtain a refund of the price of the returned Product or Service entitlement provided: (i) You inform us of your decision to cancel the contract within 30 Calendar Days of delivery of the Product or the date you purchased the Services; and (ii) The Product(s) are returned in their original condition and are intact; and (iii) The Product(s) are returned in accordance with the procedure described in paragraph 7.4 below. Please note that while the Product(s) remain in your possession you are under a duty to ensure that the Product(s) are kept safe and secure.
7.3 Procedure to follow to claim a refund under your right to withdraw from the contract. (i) Please telephone us on 0844 848 4700 between 08:00 and 20.00 Monday to Friday or 09:00 and 16.00 Saturday and Sunday to make arrangements for return. You will then be provided with an RMA (Return Material Authorisation) number. (ii) 3view will subsequently arrange for the Product(s) to be collected by 3view´s nominated carrier. You will be contacted in advance to arrange for a suitable collection time and collection place. (iii) Before returning any Product(s) to 3view please check that you have: 1. Received a RMA number from 3view (issued on request). 2. Enclosed all accessories, in box warranties and other material supplied unless informed otherwise. 3. Used if possible all packaging that was originally supplied. Unless damaged while being opened, the original Product packaging is most suitable for use for Product returns, and unless damaged while the Product was opened, this packaging should be used. 3view reserves the right to reject a returned Product that was damaged because it was improperly packaged during the returns process. 4. Ensure the following returns address and the RMA number are clearly displayed: FAO RO Dept. Pressplay C/O 3view Unit 7 , Zone A, Chelmsford Road Ind Est , Great Dunmow, Essex, CM6 1HD 3HZ RMA number (please insert number provided to you) 5. Sealed the packaging securely. (iv) Following these steps will help ensure the Product(s) arrive at the correct destination and in good condition within a timely fashion. Should you fail to follow this procedure and should the condition of the Product(s) received by 3view show that you failed to discharge your obligations to take reasonable care of the Products, your refund will be reduced.
7.5 Faulty products or products which are not in conformity. If a Product was supplied in error, is incomplete or faulty and you believe that you are entitled to a replacement or repair in accordance with paragraph 10 below, please telephone us on 0844 848 4700 between 08:00 and 20.00 Monday to Friday or 09:00 and 16:00 Saturday and Sunday.
8. Software
8.1 All Software is licensed to you on the terms and conditions of the applicable licence agreements. These licence agreements are shipped with the Software or are provided when the Software is downloaded in accordance with clause 8.3.
8.2 You shall be responsible for ensuring that any Software App or TV widget bundle ordered by you is suitable for your requirements and is compatible with your existing systems and practices. We regret that we are unable, under any circumstances to refund monies for packages unless it is faulty.
8.3 You may also purchase any downloadable Software displayed on the 3view Web Site. You may only pay for such Software by credit card. Once we have received payment authorisation from your credit card issuer, you will receive instructions to begin downloading your Software. If, during download, the transmission is interrupted in any way, you should begin the downloading process again. Should you be unable to complete the download, you may within 14 Calendar Days of receiving the download instructions request a refund in writing. Refund requests should be sent by post to us at the address shown in the contact details in paragraph 12. A refund of the purchase price shall be the extent of our liability for the unsuccessful downloading of Software.
9. Support
9.1 3view will charge an additional cost to provide telephone support service for Hardware and software at a premium rate of 0.45p per minute.
9.2 The telephone support service shall consist of telephone advice and guidance in relation only to set-up and installation problems and associated usability issues.
9.3 The telephone support service is available between 08:00 and 20:00 on Working Days or 09:00 and 16:00 Saturday and Sunday. The telephone number for the telephone support service is 0844 848 4700. It is also published at the following URL: http://www.3view.com/contactUs.aspx, paragraph Technical Support. You will bear the cost of telephone calls you make to us at your national rate.
9.4 In providing telephone support, we will attempt to resolve your query when you first call us. We cannot guarantee resolution of your queries. On occasions we may need to return your call in order to suggest a resolution.
10. One (1) year Limited Warranty
10.1 All new Hardware carries a one-year limited warranty against defects in materials and workmanship. The warranty terms and conditions, which form part of and are incorporated into this Contract by reference, are available for you to see by clicking the appropriate hyperlink below. Such warranty terms and conditions are also contained in your 3view Hardware box. You may review a copy of the limited warranty on 3view Hardware products, including its limitations and exclusions, before your purchase, by clicking the appropriate link below. Such a limited warranty covers 3view Hardware (as defined in the 3view 1 Year warranty document) only; it does not cover Software, Services or any other Products.
Whenever calling us in relation to your warranty entitlement you should do so between 08:00 and 20:00 on any Working Day or 09:00 and 16:00 Saturday and Sunday and quote your 3view Hardware´s serial number. The telephone number for warranty service is 0844 848 4700. You will bear the cost of telephone calls you make to us at your national rate.
10.2 Non-3view-branded/Third-party Products For non 3view-branded Products (including non 3view branded products contained in product bundles or promotions), all warranty claims, where relevant, are to be made in accordance with the terms and conditions of any standard manufacturer’s warranty which may be included with the Products purchased. In relation to any existing manufacturer’s warranty, any warranty claims should first be made either directly to the manufacturer or to us by phone.
10.3 IF YOU ARE A CONSUMER, THE WARRANTIES REFERRED TO ABOVE ARE IN ADDITION TO AND DO NOT AFFECT YOUR STATUTORY RIGHTS.
11. Our Liability
11.1 These terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the Products (and performance of telephone support and warranty services) and the performance of any Services.
11.2 Save as set out at paragraph 11.3 below, there are no warranties, conditions or other terms that are binding on us regarding the supply of Products or the provision of Services except as expressly stated in the Contract.
11.3 If you are not a consumer user: Any warranty, condition or other term arising out of or in connection with the supply of Products and/or the provision of Services which might otherwise be implied into or incorporated in the Contract by statute, common law, laws applicable in the country where you purchased the Products or Services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded to the maximum extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes. If you are a consumer user: Depending on the country in which you reside, there are certain implied warranties and conditions primarily relating to the quality of the Product which 3view is required to make, and 3view makes these implied warranties and conditions to the extent 3view is required to do so. You should contact your local citizen’s advice bureau for more information about these requirements. If these implied warranties and conditions are not required to be made by 3view, 3view does not make them. In particular, 3view will not be responsible for ensuring that the Products are suitable for your purposes unless you have made your purpose for the Product known to 3view.
11.4 In cases where consumers claim financial compensation under statute, 3view will seek to limit compensation to direct damages. If you are not entitled to financial compensation as a consumer under a statutory right, the provisions of clauses 11.5 and 11.6 shall apply. Nothing in the Contract shall limit or exclude our liability (i) for death or personal injury caused by our negligence or (ii) for fraud or (iii) any breach of the obligations implied by applicable compulsory national laws as to title or (iv) any liability which cannot be excluded by law.
11.5 Subject to clause 11.4 we will not be liable under the Contract for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
11.6 Subject to clause 11.4 our maximum aggregate liability under the Contract whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) and/or Services in question.
11.7 If you are a consumer, you may have statutory rights which may be in addition to the rights set out in these Terms, and information about these statutory rights may be obtained from citizens advice organisations. No provisions of clause 11 affect your statutory rights as a consumer. In addition, this clause does not affect your right to return the Products as per clause 7.
12. Contacting 3view
You can contact us:
• by telephone on 0844 848 4700 between 08:00 and 20:00 Mondays to Fridays; or 09:00 and 16:00 Saturday and Sunday
• by post at 3view Consumer Electronics Ltd , 145 – 157 St John Street, London , EC1V 4PW, United Kingdom
When contacting us you must quote your Web Order Number.
13. Export Control
Upon entering into a contract, you agree to comply with all Export Laws. You agree (i) not to export any Product to any country in contravention of any Export Law, and (ii) not to export any Product to any country for which an export licence or other governmental approval is required, without first obtaining all necessary licences or other approvals. You warrant that you are not located in, under the control of, or a national or resident of any country to which export of the Products is prohibited by any Export Law.
14. Data Protection
By placing your Order, you agree and understand that we may store, process and use data collected from your Order Form or telephone Order for the purposes of processing your Order. 3view will protect your information in accordance with the 3view Customer Privacy Policy available at the www.3view/Privacy/Policy. We work with other companies that help us provide products and services to you. For example we may provide your information to these companies for the shipment of Products to you. If you wish to have access to the information that we hold concerning you, if you want to make any changes, click http://www.3view.com/my3view and login to update your personal contact preferences.
15. Circumstances
We will make every effort to perform our obligations under the Contract. However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control. In the event of a delay, we will perform our obligations as soon as reasonably possible.
16. Disagreements
We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within England or Wales and the laws of England and Wales will apply. If you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
17. General
17.1 Neither our failure or your failure to enforce any term of the Contract constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.
17.2 The invalidity or unenforceability of any provision of the Contract shall not adversely affect the validity or enforceability of the remaining provisions.
18. Defined Terms
18.1 In these terms and conditions:
"Accessory" means any ancillary Product such as a Homeplugs or Keyboards.
"3view Authorised Service Provider" means a service provider authorised by us to provide guarantee service;
"3view Web Site" means our build-to-order web site for customers in the mainland United Kingdom, Northern Ireland and the Isle of Man the web address of which is http://www.3view.com;
"Contract" means these terms and conditions together with your Order Confirmation;
"Consumer" means a customer who purchases Products otherwise than in the course of a business;
"Export Laws" means all laws, regulations and orders of the United States, the European Union and the United Kingdom applicable to the export, re-export, transfer or resale of Products;
"Hardware" means any 3view-branded Product which is not Software, Services or an Accessory;
"Invoice" means the invoice issued by us to you for the price of the Products;
"Order" means an order placed by you in accordance with these terms and conditions;
"Order Confirmation" means the order confirmation issued by us to you indicating acceptance of your Order;
"Order Form" means the electronic order form on the 3view Web Site;
"Product" means any product listed on the 3view Web Site which we agree to supply to you on these terms and conditions and may include Services;
"Services" means any chargeable or other services (excluding guarantee and telephone support services) listed on the 3view Web Site which we agree to supply to you on these terms and conditions;
"Software" means any Product which is software including without limitation operating systems, bundled software, stand alone software and downloadable software;
"Territory" means the United Kingdom
"Web Order Number" means the order number issued by us to you;
"Working Day" means any day other than a Saturday, a Sunday or a public holiday in the UK
18.1 3view Consumer Electronics Ltd is a company incorporated in England with its registered office at 145 – 157 St John Street , London, EC1V 4PW , UK and with registered number 07473060 .