Terms And Conditions Of Satisfaction Guarantee
In these terms and conditions the following definitions shall apply:-
“Company” – Avandda Limited (registered in England and Wales under company number 04975559).
“Goods” – shall mean any Telephone System purchased by you from the Company with a value of £1,500 plus VAT and all other hardware with an individual or combined value of £1,500 plus VAT.
“Guarantee” – the Full Satisfaction Guarantee offered by the Company as detailed in these Terms and Conditions of Guarantee.
“Terms & Conditions” – the general terms and conditions of sale provided by the Company to you upon any purchase/order of Goods
“Terms and Conditions of Guarantee” – the terms and conditions of the Guarantee as detailed below.
“Website” – the Company’s main website at address http://www.avandda.co.uk
Any reference in these Terms and Conditions of Guarantee to “customer”, “you” or “your” is a reference to the person, partnership, limited liability partnership, company or corporate or unincorporated body that has purchased Goods from the Company.
1.1 These Terms and Conditions of Guarantee relate exclusively to the Guarantee and in no way should be interpreted or relied upon as general terms and conditions of business/supply.
1.2 The Guarantee is at all times subject to you fully complying with the Terms & Conditions and the Terms and Conditions of Guarantee
1.3 The Company reserves the right in its sole discretion to make reasonable changes to these Terms and Conditions of Guarantee or indeed discontinue the Guarantee at any time. Upon making any such changes the Company shall publish a notice on the Website and provide a link from the homepage to the revised terms and conditions of the Guarantee. The changes will be effective from the date shown in the notice.
1.4 The Terms and Conditions of Guarantee that are in force at the time of you purchasing the Goods, will determine your eligibility under the Guarantee.
1.5 Non-adherence with these Terms and Conditions of Guarantee will void the Guarantee.
1.6 The Guarantee does not affect your Statutory Rights
1.7 The Guarantee only applies where you are purchasing Goods in the course of a business carried on by yourself.
2. Full Satisfaction Guarantee
2.1 The Guarantee shall apply to every customer who has purchased Goods from the Company and complied with the Terms & Conditions and the steps set out in clause 3 below.
2.2 In the unlikely event that after receiving the Goods you are not satisfied with them or no longer require them, then subject to these Terms and Conditions of Guarantee, the Company shall issue you with a full refund for the amount paid for the Goods against which a claim under the Guarantee is brought, as set out in the respective invoice for such goods.
2.3 The refund shall be issued within 45 days of the Goods being received back in the possession of and checked by the Company.
2.4 The value of the Goods shall be equivalent to the price paid by you for the Goods.
2.5 The Guarantee is subject to a maximum period of 45 days, unless otherwise stated, from the date of purchase of the Goods by you. No money back claims outside of this period will be considered. For the avoidance of doubt, this will not affect your statutory rights
2.6 The Company shall not have any liability under the Guarantee if it suspects any fraud and/or willful concealment in relation to the Guarantee, the Terms and Conditions or the Terms and Conditions of the Guarantee.
3. Steps to be taken by you
3.1 If you intend to make a claim under the Guarantee, please complete the following steps:
- Notify the Company immediately in writing or by telephone that you are unsatisfied with the Goods and require a full refund under the Guarantee.
- Notification must include details of the Goods purchased, the invoice number(s) to which they relate and reasons why you are not satisfied with the Goods against which you are making a claim under the Guarantee (in as much detail as possible).
- The Company receives very few returned items under the Guarantee and is grateful for any feedback you could provide when giving notice of your dissatisfaction with the Goods.
- Arrange for the Goods to be collected/decommissioned by the Company at a mutually convenient time/date
- Upon notification of a claim under the Guarantee, you will cease using the items you are unsatisfied with.
- The Guarantee will not apply to any Goods not in a saleable condition or that has been damaged by you or that you have repaired or attempted to repair without the express consent of the Company.
- All returned items will be returned to the manufacturer for quality assurance testing.
3.2 Please note that you may not permit any other party to notify any claims under the Guarantee on your behalf nor assign any claims to any other party.
4. Entire Agreement
4.1 This agreement constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to the subject matter
4.2 Each party acknowledges that, in entering into this agreement, it has not relied on, and shall have nor right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in these Terms and Conditions of Guarantee.
4.3 Nothing in this clause shall limit or exclude any liability for fraud
5.1 If any court or competent authority finds that any provision of this agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this agreement shall not be affected.
6.1 Any notice required to be given under paragraph 3.1 (1) of these Terms and Conditions of Guarantee shall either be in writing, sent by facsimile or communicated by telephone to the below:
820 Birchwood Boulevard Business Park
Tel: 0300 3033 668
Fax: 01925 250011
6.2 Any notice shall not be validly given if sent by e-mail.
7. Governing Law
7.1 This agreement 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) shall be governed by shall be governed by and construed in accordance with the law of England and Wales
7.2 The parties irrevocably agree that the courts of England and Wales shall have the exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms and Conditions of Guarantee or their subject matter or formation (including non-contractual disputes or claims)